How to File a Foreclosure Against a Lien in California

A lien provides security for a debt. In California, liens result from unpaid debts. Anyone who wins a money judgment can file a lien against the debtor's property, including real estate, personal property, business assets and litigation filed by the debtor. Mechanic's liens protect the wages of contractors and subcontractors. Banks take liens to protect purchase money mortgages. Foreclosing against a lien means selling the liened property to recover the underlying debt secured by the lien. All foreclosure actions follow strict legal guidelines.

Instructions

1

Ensure your lien was properly filed, including all requisite pre-lien notice. In California, each type of lien has different procedural requirements for validity. For example, you cannot legally file a mechanic's lien without providing 20-day preliminary notice. Familiarize yourself with the requisites and issues involved in your type of lien at the law library, or review the matter with an attorney. If your lien is not filed according to California law, you can be sued if you try to foreclose on it.

2

Review the status of your lien to be certain it remains in effect. For example, in California, judgment liens expire when the life of the judgment expires, even if you renew the judgment. To preserve the lien, you must record a certified copy of form EJ-190, Application for and Renewal of Judgment. Other liens have other requisites. For mechanic's liens, you must file a foreclosure action within 90 days of the date of the lien.

3

Prepare a petition or complaint for foreclosure, depending on what type of lien you hold. Visit the California court Internet websites or your local law library to determine the correct forms for your foreclosure. Generally, prepare and file with the court a complaint for foreclosure. California courts charge a filing fee you pay at the time you file. You must name in the litigation all parties with an interest in the liened property. You must serve file-stamped copies of your action on those persons, and return a document called "proof of service" to the court.