A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In California, a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is a mechanic's lien, which contractors, laborers, or material suppliers can file against a property they have worked on or supplied materials for, to ensure they are paid for their services. This type of lien must be filed within a specific time frame after the work is completed or materials are supplied. Another type is a homeowners' association (HOA) lien, which an HOA can place on a property when a homeowner fails to pay association dues or assessments. The process for enforcing these liens, including the notice requirements and foreclosure procedures, are governed by California state statutes. For example, California Civil Code outlines the process for enforcing mechanic's liens, while the Davis-Stirling Common Interest Development Act governs HOA liens. It's important for property owners and claimants to understand their rights and obligations under these laws, and an attorney can provide guidance specific to individual circumstances.