Construction,
Civil Litigation,
California Courts of Appeal
Jan. 4, 2022
Lien, lien, lien on me, and don't forget your attorney fees
Unlike a deed of trust, a mechanics lien is an involuntary lien against real property. Any by “involuntary.” I mean you have no say so, nada, over whether someone records a mechanics lien on your or your client’s property.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
A mechanics lien creates a security interest in real property for the payment of labor, services, material and equipment bestowed upon the property. It is similar to a deed of trust securing a mortgage. However, unlike a deed of trust, a mechanics lien is an involuntary lien against real property. Any by "involuntary." I mean you have no say so, nada, over whether someone records a mechanics lien on your or your client's property.
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