Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Foreclosures
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 7 months ago on . Most recent reply

User Stats

9
Posts
1
Votes
Andrew Sol
  • Rental Property Investor
1
Votes |
9
Posts

California Mechanics Lien after Foreclosure

Andrew Sol
  • Rental Property Investor
Posted

Under California foreclosure law, can a vendor place a mechanics lien on
a home for work performed for the prior owner after the foreclosure
sale and the recording (perfecting) of the deed? The new owner has not
authorized the work on house. Who is at risk for this financial outlay?

Here's the situation. The trustees deed has been recorded but the holdover prior owner hasn't vacated the house. Unlawful Detainer has been served.  The prior owner, who's a little delusional and in denial, continues to care for the house.  Had the palm fronds trimmed.  Pool guys still comes by.  Just had the carpets cleaned.  And now she's met with an A/C company to get a quote on upgrading the A/C units. All of this work is after the foreclosure sale and part is after the deed was perfected.  Can any of these vendors lien the property if she doesn't pay?  What is the risk to the new buyer?

I've read that a "tenant" can have work done and bind the owner.  But this isn't a tenant, in the sense that there isn't a lease agreement.  Thoughts?


Most Popular Reply

User Stats

6,882
Posts
7,448
Votes
Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
7,448
Votes |
6,882
Posts
Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
Replied

You will still have a fight on your hands , the contractors will have some leverage . Especially if the deed hasnt been recorded and gotten into the system . 

Loading replies...