How do I, as a homeowner, legally remove an invalid or expired mechanic's lien from my property's title in California?

To remove an expired or invalid mechanic's lien, you can either obtain a signed release from the contractor or file a petition in court to have a judge order its removal. Here is how to remove an expired lien from your property title in California: Step 1: Confirm the Lien is Expired A mechanic's lien automatically expires if the contractor does not file a lawsuit to foreclose on the lien within 90 calendar days of the date it was recorded. Check the lien document for the recording date at your County Recorder’s Office and confirm no lawsuit has been filed against you at the local Superior Court. Step 2: Request a Voluntary Release Contact the contractor who filed the lien. Politely inform them that the lien has expired and request that they sign a "Release of Mechanic's Lien" form. If they agree, they must sign the release form in front of a notary and you must then file it with the County Recorder's Office. Step 3: Send a Formal Demand Letter If the contractor refuses or is unresponsive, send a formal demand letter by certified mail. The letter should state that the lien is unenforceable because the 90-day period to foreclose has passed. Demand that they execute and record a release within a specific timeframe (e.g., 15 days) or you will file a court petition to remove it and seek attorney's fees. Step 4: File a Petition to Release Lien If the demand fails, your next step is to file a "Petition to Release Property from Lien" at the Superior Court in the county where the property is located. This special, expedited court procedure (under California Civil Code § 8480) asks a judge to formally expunge the expired lien. You will need to serve the contractor with a copy of the petition. Step 5: Obtain and Record the Court Order You will attend a court hearing. If the judge agrees the lien is expired, they will issue a court order releasing the lien. You must obtain a certified copy of this order from the court clerk and take it to the County Recorder’s Office to have it recorded against your property's title, which officially removes the lien. Important Details and Nuances: The process for removing a lien you believe is fraudulent or procedurally invalid from the start (rather than just expired) is more complex and typically requires a full lawsuit. If you win your court petition for an expired lien, the law states the court shall award you reasonable attorney’s fees, typically up to $2,000. Warnings and Limitations: Filing court documents requires strict adherence to legal procedures and deadlines. An error can cause your case to be delayed or dismissed. Ensure you have clear proof of the lien's recording date and that no foreclosure lawsuit was filed before proceeding. This is general information and does not constitute legal advice. For complex situations, such as a dispute over the expiration date or a fraudulent lien, you should consult with a qualified California attorney.