Judicial Removal of Expired Mechanics Liens
Under California law, a mechanics lien claimant must file a lawsuit to foreclose the lien within 90 days after the lien is recorded. If the claimant does not file a foreclosure action within that time, the lien becomes unenforceable by statute.
However, expired mechanics liens often remain on title because county recorders do not automatically remove them. As a result, the lien may still appear on title reports and can interfere with property sales, refinancing, or title insurance.
California law provides a judicial remedy for this situation.
The CCP § 8480 Remedy
Code of Civil Procedure § 8480 allows a property owner to file a petition asking the court to declare that a mechanics lien is no longer enforceable and to order its removal.
If the statutory foreclosure deadline has passed and no foreclosure action was filed, the court may issue an order declaring the lien invalid.
Once the order is recorded, the expired lien no longer clouds title.
When This Remedy May Apply
A petition under CCP § 8480 may be appropriate when:
A mechanics lien was recorded against the property;
More than 90 days have passed since the lien was recorded;
The lien claimant did not file a foreclosure lawsuit within that time; &
The lien still appears in the county land records or on title reports.
Why Expired Liens Still Appear on Title
Even when a mechanics lien is no longer enforceable, the recorded lien document remains part of the public record. County recorders generally do not remove recorded documents unless a court order or other recorded instrument authorizes removal.
For this reason, title companies often require a court order before closing a transaction where an expired lien appears on title.
The Petition Process
The process for removing an expired mechanics lien typically involves:
Reviewing the lien recording date and county records;
Confirming whether a foreclosure action was filed;
Providing notice as required by statute;
Filing a petition under CCP § 8480 with the appropriate court; &
Requesting a court order declaring the lien invalid.
If the court grants the petition, the order can be recorded to remove the lien from title.
Practice Limited to CCP § 8480 Petitions
Remove the Lien focuses exclusively on judicial removal of expired mechanics liens under Code of Civil Procedure § 8480.
This practice does not handle:
Mechanics lien foreclosure lawsuits;
Contractor payment disputes;
Construction litigation;
Bond claims or stop notices; or
Construction defect litigation.
Free Lien Eligibility Review
If a mechanics lien was recorded against your property and more than 90 days have passed, you may be able to seek judicial removal of the lien.
Submit basic information about the property and recorded lien to request a free eligibility review.