CSLB Law & Business ExamInsurance and LiensMedium
A plumbing subcontractor properly records a mechanics lien on a private commercial project. The owner disputes the debt and refuses to pay. What is the deadline for the subcontractor to file a lawsuit to foreclose on the lien?
- A90 days after recording the lien
- B30 days after recording the lien
- COne year after recording the lien
- DThere is no deadline as long as the lien remains recorded
Show answer & explanationAnswer & explanation
Correct answer: A. 90 days after recording the lien
Under California Civil Code, a claimant must file a lawsuit to foreclose the mechanics lien within 90 days after the lien is recorded, or the lien automatically becomes unenforceable. Recording the lien alone does not preserve rights indefinitely; a timely foreclosure action is required.
Why the other options are wrong
- B. 30 days is too short; the statutory foreclosure period is 90 days.
- C. One year is far longer than the actual 90-day enforcement window.
- D. Liens expire automatically if suit is not timely filed; they are not permanent.
Mechanics Lien Enforcement Deadline
A recorded mechanics lien must be enforced by filing a foreclosure lawsuit within 90 days of recording, or it becomes void.
- 90-day foreclosure deadline runs from lien recording date
- Extensions are possible only via a written payment agreement recorded before the deadline
- Failure to sue in time voids the lien completely
Memory trick: Ninety days to sue, or the lien turns to dust.