Orange county CA
There are four forms to release a mechanics lien in california:
Conditional waiver and release upon progress payment
Unconditional Waiver and Release upon progress payment
Conditional waiver and release upon final payment
Unconditional waiver and release upon final payment
I recently got out of a bad partnership and the partner signed his 50% rights over to me so now I am 100% owner. I filed a quit claim deed in Jan 2016
The contractor filed a mechanics lien on Dec 31 2015 for $35000 after the bad partner released his interest on Dec 30, 2015. I believe to make sure I didn't sell the property out from under him.
Contractor and I are working together cooperatively and we are moving forward with the project. I made a small payment today for $8000. He is willing to sign a doc to release the lien for the full amount of 35000. We should finish construction in about 4 weeks and I will continue making payments to the contractor and then list the property.
Legal consult over the phone said use Unconditional waiver and release upon progress payment and that seems right to me. I just want to double check as there is no place on the form to write that he is releasing me from a $35000 claim.
I want to release the lien now so that I can refi or rework the original loan doc to reflect that I am sole borrower. I want to do this because I have been advised that if the old partner is on the loan paperwork, that he could make some claim to the property and proceeds, although this flip is indeed a flop and there will be a loss.
thoughts on this? Thanks in advance. I am appreciative of this forum. I am still a newbie in many ways.