Property owner recorded a "release bond", what does it mean?

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sako
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Joined: Sat Sep 24, 2005 9:40 am
Location: Bay Area

Property owner recorded a "release bond", what does it mean?

Post by sako »

A mechanic's lien was recorded on a property surveyed since the owner's intention is not to pay the amount due. Now, the owner has recorded a "release bond" in accordance with California civil code 8424 and demanding release of lien. He hasn't paid the amount due yet. How does a mechanic's lien help surveyors receive the amount due if the owner can just record the " release bond" and demand removing the lien?
Warren Smith
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Location: Sonora

Re: Property owner recorded a "release bond", what does it mean?

Post by Warren Smith »

Civil Code section 8480 et seq speaks to a court order being a means of releasing a lien. After an petition to the court by the property owner subject to a claim of lien if sufficient time has passed for commencing an action to enforce the original lien.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County
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sako
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Joined: Sat Sep 24, 2005 9:40 am
Location: Bay Area

Re: Property owner recorded a "release bond", what does it mean?

Post by sako »

Warren Smith wrote: Thu Feb 06, 2025 10:50 am Civil Code section 8480 et seq speaks to a court order being a means of releasing a lien. After an petition to the court by the property owner subject to a claim of lien if sufficient time has passed for commencing an action to enforce the original lien.
Warren,
The Civil Code 8424 talks about the "lien release bond" which the owner recorded. I found out it's called " bonding off the lien".
The property owner transfers the lien and substitutes it with release bond ( a type of surety bond).
Now, the surveyor has to file a claim to the bond.
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