California Lien: A Complete Guide to Liens in the State

The legal claim placed on a property until a debt is paid or an obligation is satisfied is referred to as a lien. In California, there are specific rules that govern how liens operate, which makes it important for individuals to understand these rules to avoid any complications.

What Is a Lien in California?

Under California law, a lien is defined in more than one section of the Civil Code. According to Civil Code § 2872, a lien is a claim placed on specific property to secure the repayment of debt without transferring ownership. Civil Code § 3439.01(g), which is part of the Uniform Voidable Transactions Act, describes a lien similarly, covering claims on property that include security interests and judicial liens. Once filed with the relevant county office, liens become public records and can notify buyers about any judgment or debt claim on a property.

Until they are resolved, property owners may not be able to sell or refinance the property. Therefore, potential buyers must take the necessary step to check lien records before purchasing a property.

Types of Liens in California

In California, judgment creditors, suppliers, contractors, or government agencies may file any of the following types of lien:

1. Property Tax Lien (CA Rev & Tax Code § 2192.1)

   A property tax lien in California is a legal claim placed on a property by the government when the owner fails to pay their taxes. This lien secures the tax debt and becomes a public record.

2. Mechanic’s Lien (Civil Code §§ 8000–9566) This is a statutory right to payment that is asserted against real property. It is a legal tool used by laborers, contractors, or material suppliers who have not been paid for labor or the materials provided for work on a property to secure payment.
3. Judgment Lien on Real Property (Civil Code § 697.310-697.410)

   This type of lien is created when a person wins a money judgment in court and takes the proper step to record the judgment with the county recorder’s office. Once recorded, the lien attaches to any real property the debtor owns or later acquires in that county.

4. Mortgage Lien (Civil Code § 2932.5) This is a legal claim a lender places on a property as security for a home loan. It provides the lender with a legal right to foreclose on and sell the property if the borrower fails to pay.
5. HOA or Municipal Lien (Civil Code § 5650–§ 5675) A Homeowners’ Association lien is governed by the Davis-Stirling Common Interest Development Act. It is a legal claim that an HOA places on a property when the owner refuses to pay the required fines or fees.

How to Search for Liens in California

In California, lien records are considered public and can be accessed through various methods:

• County Recorder’s Office: To view lien records in any of California’s 58 counties, interested parties are typically required to provide the property owner’s name, the parcel number, and the property address.
• Online County Databases: Lien record availability differs across California, but counties like San Francisco, San Diego, and Los Angeles allow residents to search records online.
• Title Companies and Third-Party Services: Third-party websites offer online searches for lien records by name or document number. Likewise, title companies perform a detailed search for records for a fee.

While searching for lien records through the Recorder’s Office, title companies, or county databases, record seekers may find certain information such as creditor name, debt amount, recording date, and property details.

Lien Records in Major California Cities

Lien records in California’s largest cities are handled by the county offices. Most counties provide access to these records either online or in person:

• Los Angeles (Los Angeles County): Anyone can request a copy of a lien filed by an individual or entity in the office of the Los Angeles County Registrar-Recorder/County Clerk. To locate property tax liens, interested parties can contact the Treasurer and Tax Collector’s Office.
• San Diego (San Diego County): The San Diego Recorder’s Office keeps the official records of most liens, like mortgage, HOA, tax, and mechanic’s liens. Nevertheless, property tax liens are available to the public through the San Diego Treasurer-Tax Collector.
• San Jose (Santa Clara County): To search records at the Santa Clara County Clerk-Recorder’s Office, the requester must visit in person and provide property details like the address, owner’s name, document number, and APN.
• San Francisco (San Francisco County): Individuals can purchase certified copies of lien documents from the San Francisco Assessor-Recorder’s Office for a nominal fee. An alternative option is to use the Records Manager tool to find and download records online.
• Fresno (Fresno County): The public can purchase the official copies of lien records from the Fresno County’s Recorder’s Office in person, by mail, or online.

How Long Does a Lien Stay on Property in California?

A lien’s validity period is based on its type and whether it gets renewed or enforced:

• Property Tax Lien: This lien does not have a fixed expiration period. Instead, it remains until the taxes are paid in full.
• Mechanic’s Lien: Once recorded, a mechanic’s lien is valid for 90 days.
• Judgment Lien on real property: This lien is valid for 10 years from the date of entry of the judgment.
• Mortgage Lien: A mortgage lien can last for as long as the mortgage debt is unpaid.

How to Remove a Lien in California

A property owner or debtor can ensure a lien is removed from their property in the following ways:

1. Bond Off the Lien: A property owner can clear a lien from their property by filing a lien release bond with the court. This action transfers the lien to the bond.
2. Negotiating a Settlement: A lien can be removed through a negotiated settlement. The creditor may allow the debtor to pay off their debts by using a structured plan.
3. Challenge or Expunge the Lien: If the lien is invalid or expired, a debtor can file a petition to release or expunge the lien in court.
4. Paying the Debt: A debtor can request a lien release or satisfaction from the lienholder after paying the debt.

An unrecorded release can make the property title look defective and complicate future property transactions.

In California, liens play an important role in property and debt law by protecting creditors and holding property owners accountable for their obligations. In addition, sellers, lenders, and buyers can benefit from understanding the types of liens in California, how to search for or remove them, and their duration.

To ensure an accurate resolution of a lien, property owners may consult the county recorder’s office, title company, or an attorney. By following the appropriate steps, property owners can maintain a clear title and facilitate smooth real estate transactions.