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Mechanics Lien California Preview

Recording requested by (name):

____________________________________________

When recorded, mail to (name and address):

____________________________________________

____________________________________________

____________________________________________

____________________________________________

Recorder’s Use Only

CLAIM OF MECHANICS LIEN

(Cal. Civ. Code § 8416)

Declaration of Exemption From Gov’t Code § 27388.1 Fee

Transfer is exempt from fee per GC § 27388.1(a)(2):

recorded concurrently “in connection with” transfer subject to DTT

recorded concurrently “in connection with” a transfer of residential dwelling to an owner-occupier

Transfer is exempt from fee per GC 27388.1(a)(1):

Fee cap of $225.00 reached

Not related to real property

1._________________________________________________ (“claimant”) claims a mechanics lien for the labor or services or equipment or materials described in paragraph 2, furnished for a work of improvement on that certain real property located in the County of ____________________________, State of California, and more particularly described as (address and/or sufficient description):______________________________________________________________

_______________________________________________________________________________________________

2.After deducting all just credits and offsets, the sum of _______________________, together with interest at the rate of ________ per annum from __________________ (date when balance became due), is due claimant for the following labor, materials, services, or equipment: _______________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

3.Claimant furnished the labor or services or equipment or materials, at the request of _____________________

_________________________________________________________________ (employer, person, or entity to whom labor, materials, services, or equipment were furnished).

4.The name and address of the owner or reputed owner of the real property is/are: _______________________

_______________________________________________________________________________________________

5.Claimant's address is: _______________________________________________________________________

Dated __________________________________ _____________________________________________

Claimant

_____________________________________________

Signature of Claimant or Authorized Agent

_____________________________________________

Print Name and Title

VERIFICATION

I, _______________________________________, am the: __________________________________ (“owner,”

“president,” “authorized agent,” “partner,” etc.) of claimant on the foregoing claim of mechanics lien, and am authorized to make this verification for and on its behalf. I have read the foregoing claim of mechanics lien and know the contents of the claim of mechanics lien to be true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated __________________________________ _____________________________________________

Signature

NOTICE OF MECHANICS LIEN CLAIM

ATTENTION!

Upon the recording of the enclosed MECHANICS LIEN with the county recorder's office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. That legal action must be filed with the court no later than 90 days after the date the mechanics lien is recorded.

The party identified in the enclosed mechanics lien may have provided labor or materials for improvements to your property and may not have been paid for these items. You are receiving this notice because it is a required step in filing a mechanics lien foreclosure action against your property. The foreclosure action will seek to pay for unpaid labor, materials, or improvements provided to your property. This may affect your ability to borrow against, refinance, or sell the property until the mechanics lien is release.

BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MORE INFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS' STATE LICENSE BOARD WEB SITE AT www.cslb.ca.gov.

PROOF OF SERVICE AFFIDAVIT

California Civil Code section 8416

Failure to serve the Mechanic’s Lien and Notice of Mechanic’s Lien on the owner, or alternatively if the owner cannot be served on the lender or direct contractor, shall cause the Mechanic’s Lien to be unenforceable as a matter of law (Civil Code Section 8024(d)). Service of the Mechanic’s Lien and Notice of Mechanic’s Lien must be by (1) registered mail, (2) certified mail, or (3) first-class mail evidenced by a certificate of mailing, postage prepaid, and to a residence or business address for the owner, lender or contractor. Further, a Proof of Service Affidavit (below) must be completed and signed by the person serving the Mechanic’s Lien and Notice of Mechanic’s Lien. This page should be completed (either one of the sections below) and recorded with the County Recorder along with the Mechanic’s Lien and Notice of Mechanic’s Lien.

PROOF OF SERVICE AFFIDAVIT (ON OWNER)

California Civil Code section 8416(a)(7) and (c)(1)

I, ______________________________ (name), declare that I served a copy of this Mechanic’s Lien and

Notice of Mechanic’s Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the owner(s) or reputed owner(s) of the property:

Company/Person Served: ________________________________________________________________

Title or capacity of person served (if appropriate): ______________________________________________

Service address: ________________________________________________________________________

Said service address is the owner’s residence, place of business, or address showed by the building permit on file with the permitting authority for the work.

Executed on ___________, 20_____ (date) at __________________ (city), _____________________

(county), California.

By: _____________________________________

(Signature of person making service)

ALTERNATE PROOF OF SERVICE AFFIDAVIT (ON LENDER OR DIRECT CONTRACTOR)

California Civil Code Section 8416(a)(7) and (c)(2)

I, ____________________________________________________ (name), declare that the owner or

reputed owner cannot be served with a copy of this Mechanic’s Lien and Notice of Mechanic’s Lien by registered mail, certified mail, or first-class mail. Pursuant to California civil Code section 8416(c )(2), I served a copy of this Mechanic’s Lien and Notice of Mechanic’s Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the construction lender or direct contractor as follows:

Company/Person Served: ________________________________________________________________

Title or capacity of person served (if appropriate): ______________________________________________

Service address: ________________________________________________________________________

Executed on ___________, 20_____ (date) at __________________ (city), _____________________

(county), California.

By: _____________________________________

(Signature of person making service)

Documents used along the form

The Mechanics Lien California form serves as a critical tool for contractors, subcontractors, and suppliers to secure payment for services or materials provided in construction projects. However, several other documents often accompany this form to ensure proper filing and enforcement of lien rights. Below is a list of these commonly used forms and documents.

  • Preliminary Notice: This document informs property owners and general contractors that a subcontractor or supplier is involved in the project. It establishes the right to file a lien if payment issues arise.
  • Notice of Intent to Lien: Before filing a mechanics lien, this notice is sent to the property owner, indicating the intention to file a lien if payment is not received. It serves as a final warning.
  • Room Rental Agreement: For individuals looking to rent a room, having a clear agreement is essential. The https://nypdfforms.com/room-rental-agreement-form provides a standardized template to ensure that all terms are transparently communicated and agreed upon, protecting both landlords and tenants.
  • Claim of Lien: This is the actual document filed with the county recorder's office to establish a legal claim against the property for unpaid work or materials. It must be filed within a specific timeframe.
  • Release of Lien: After payment is received, this document releases the lien on the property. It is essential for clearing the title and allowing future transactions on the property.
  • Notice of Completion: This document is filed by the property owner to officially declare that the construction project is complete. It affects the time frame for filing a mechanics lien.
  • Notice of Cessation: This form indicates that work on the project has stopped for a specified period. It can also affect the timeline for filing a lien.
  • Affidavit of Service: This document verifies that the preliminary notice or other required notices were properly delivered to the appropriate parties, which is crucial for establishing lien rights.
  • Subcontractor Agreement: This contract outlines the terms between the general contractor and subcontractors. It is essential for defining the scope of work and payment obligations.
  • Invoice: A detailed bill for services or materials provided. Proper invoicing is crucial for tracking payments and establishing claims for unpaid work.

Understanding these documents is essential for anyone involved in construction projects in California. Proper use of the Mechanics Lien California form, along with these associated documents, can help protect the rights of those providing labor and materials in the construction industry.

Similar forms

  • Notice of Intent to Lien: This document serves as a warning to the property owner that a lien may be filed if payment is not received. It shares the purpose of notifying parties involved, similar to the Mechanics Lien.

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  • Claim of Lien: This document is filed to formally assert a claim against a property for unpaid work or materials. Like the Mechanics Lien, it establishes a legal right to seek payment through the property.
  • Release of Lien: This document is used to remove a lien once payment has been made. It functions similarly to the Mechanics Lien by addressing the status of a claim on the property.
  • Preliminary Notice: This document informs property owners and general contractors of a subcontractor's or supplier's involvement in a project. It is similar to the Mechanics Lien in that it establishes a party's right to file a lien later if necessary.
  • Stop Notice: This document is sent to a property owner or lender to stop payments to a contractor until a dispute is resolved. It parallels the Mechanics Lien in its goal of protecting the rights of those who have not been paid for their work.

Misconceptions

Understanding the Mechanics Lien form in California is crucial for contractors, subcontractors, and suppliers. However, several misconceptions can lead to confusion. Here are seven common misconceptions:

  1. Anyone can file a Mechanics Lien. Only those who have provided labor, materials, or services for a property can file a lien. This includes contractors, subcontractors, and suppliers.
  2. A Mechanics Lien guarantees payment. Filing a lien does not ensure that payment will be received. It is a legal claim against the property, but it may still require further legal action to collect payment.
  3. The Mechanics Lien must be filed immediately after work is completed. There is a specific timeframe for filing a lien, typically within 90 days after the last work was performed or materials were supplied.
  4. All properties are subject to a Mechanics Lien. Certain properties, like government-owned properties, may not be subject to a Mechanics Lien. It’s essential to verify the property type before filing.
  5. Filing a Mechanics Lien is a complicated process. While there are specific requirements, the process can be straightforward if all necessary information is gathered and submitted correctly.
  6. Once a Mechanics Lien is filed, it cannot be removed. A lien can be released or removed if the debt is paid or if a court orders it to be removed.
  7. A Mechanics Lien is the only option for non-payment. Other options, such as mediation or arbitration, may be available before resorting to filing a lien.

By clarifying these misconceptions, individuals can navigate the Mechanics Lien process more effectively and protect their rights in California.

Understanding Mechanics Lien California

  1. What is a Mechanics Lien in California?

    A Mechanics Lien is a legal claim against a property that can be filed by contractors, subcontractors, suppliers, or laborers who have not been paid for work performed or materials supplied for a construction project. This lien serves to secure the payment owed and can affect the property owner's ability to sell or refinance the property until the debt is resolved.

  2. Who can file a Mechanics Lien?

    In California, various parties can file a Mechanics Lien. This includes general contractors, subcontractors, laborers, and suppliers of materials. Essentially, anyone who has provided labor or materials for a construction project and has not been compensated may have the right to file a lien.

  3. What is the deadline for filing a Mechanics Lien?

    The deadline to file a Mechanics Lien in California is typically 90 days after the completion of the work. However, if a Notice of Completion or Notice of Cessation is filed, the deadline shortens to 60 days from the date of filing that notice. It is crucial to adhere to these timelines to preserve your right to file a lien.

  4. How do I file a Mechanics Lien?

    To file a Mechanics Lien, you must complete a specific form, which can be obtained from the county recorder’s office or online. After filling out the form, you must file it with the county recorder in the county where the property is located. There is usually a filing fee, and it is essential to ensure that all information is accurate to avoid delays or rejections.

  5. What information is required on the Mechanics Lien form?

    The Mechanics Lien form typically requires details such as the property owner’s name, the property address, the name of the claimant (the person or company filing the lien), a description of the work done or materials supplied, and the amount owed. Providing complete and accurate information is vital for the validity of the lien.

  6. What happens after I file a Mechanics Lien?

    Once a Mechanics Lien is filed, it becomes a public record. The property owner will be notified, and they may attempt to resolve the payment issue. If the matter is not settled, the lien holder may need to file a lawsuit to enforce the lien within a specific timeframe, usually within 90 days after filing the lien.

  7. Can a Mechanics Lien be removed?

    Yes, a Mechanics Lien can be removed. This can occur if the debt is paid, if the lien claimant voluntarily releases the lien, or if a court orders the lien to be removed. Property owners may also file a motion to expunge the lien if they believe it was filed improperly.

  8. What are the consequences of not paying a Mechanics Lien?

    If a Mechanics Lien is not paid, the lien holder may initiate legal action to enforce the lien. This could lead to a court judgment, which may result in the sale of the property to satisfy the debt. Additionally, the lien can hinder the property owner’s ability to sell or refinance the property until it is resolved.

  9. Are there any exceptions to filing a Mechanics Lien?

    Yes, certain exceptions exist. For example, property owners who are not directly involved in the construction project, such as homeowners who hire a contractor, may not be liable for unpaid debts of the contractor. Additionally, public works projects have different rules and may not allow for Mechanics Liens.

  10. Is legal assistance necessary to file a Mechanics Lien?

    While it is possible to file a Mechanics Lien without legal assistance, consulting with an attorney is advisable. Legal professionals can help ensure that the lien is filed correctly and that all necessary procedures are followed, which can save time and prevent complications later on.