Why Bonding Around a California Mechanics’ Lien can Unintentionally Extend the Deadline to File a Mechanics’ Lien Lawsuit by Six Months or More
Where California mechanics’ liens are concerned there are few dates, the passages of which are more appreciated by property owners than the last day to file a lawsuit to foreclose on a mechanics’ lien. This is because unless the deadline to file a lawsuit to foreclose on the mechanics lien has been extended by a properly drafted and notarized “Notice of Credit” which has been duly recorded with the County Recorder in the county where the property is located, under California Civil Code section 8460, the deadline to file such a lawsuit will expire ninety (90) days after the mechanics lien was recorded. While exceptions may possibly exist when that date falls on a holiday or weekend, for the most part the 90th day is the absolute drop dead date for filing a suit. After that date the mechanics’ lien automatically expires and is no longer enforceable.