More details to this question:
I paid off contractor according to the contract between our two parties. After that, the material supplier filed a lien on my property. Is that lien valid? I saw a legal term which seemed his lien is not valid. Am I understood correctly? "“48-2A-11 discharge; penalty A. Payment by the owner or his successor in interest to any person entitled to payment of all and any amounts due and owing for any labor or materials furnished or other actions the performance of which could give rise to a lien pursuant to Section 48-2-2 NMSA1978 to be performed upon a residential site shall discharge all such lien unless prior to payment any person who is entitled to such lien has filed for record his lien pursuant to Section 48-2-6 NMSA 1978 .”
1 ANSWER
New Mexico statutes are not applicable in California.
In California, the state Constitution places responsibility for making sure that suppliers and subcontractors are paid by the general contractor, on the property owner. In California, a subcontractor or supplier does not need to record or file its lien until after completion of the work. From the language you quoted, it sounds like that part of the law might be different in New Mexico.
Enforcing such a lien in California is subject to several technical requirements. Contractors and vendors often make mistakes. In such cases, it is often possible to get an expedited hearing on removing the lien from th e title to your property.
If there is a lot of money involved, you should see a lawyer. This is a very technical area of law.
Dana Sack
Answered on Jan 08th, 2017 at 12:26 PM