The Mechanics Lien California form is a legal document that allows contractors, subcontractors, and suppliers to claim a right to payment for work performed or materials supplied on a property. This form is essential for protecting the rights of those who contribute to construction projects. Understanding its requirements and procedures is crucial for anyone involved in the construction industry in California.
A Mechanics Lien is a legal claim against a property that ensures payment for work performed or materials supplied during construction or renovation. It protects contractors, subcontractors, and suppliers by providing them a way to secure payment if they are not compensated for their services.
In California, various parties can file a Mechanics Lien, including general contractors, subcontractors, laborers, and suppliers of materials. Essentially, anyone who has contributed to the construction or improvement of a property and has not been paid may have the right to file a lien.
The Mechanics Lien form must include specific details such as:
Accurate and complete information is crucial to ensure the lien is enforceable.
In California, the deadline to file a Mechanics Lien typically ranges from 60 to 90 days after the completion of work or delivery of materials. However, the exact timeline can vary based on the type of work performed and the specific circumstances of the project. It’s essential to act promptly to protect your rights.
Once a Mechanics Lien is filed, it becomes a public record. The property owner will be notified, and they may choose to resolve the debt to remove the lien. If the debt remains unpaid, the lien holder may eventually initiate legal action to enforce the lien, which could lead to a foreclosure on the property.
Yes, a Mechanics Lien can be removed in several ways. The property owner can pay the debt, which typically leads to the lien being released. Alternatively, the lien holder may voluntarily release the lien. If the lien is found to be invalid, a court may also order its removal. It’s important to understand the process for ensuring the lien is properly cleared.
Understanding the Mechanics Lien in California can be tricky. Here are some common misconceptions that people have:
Being aware of these misconceptions can help you navigate the process more effectively. Always consider seeking professional advice if you're unsure about your rights or obligations.
Incomplete Information: Many people forget to fill in all required fields. Missing details can lead to delays or even rejection of the lien.
Incorrect Property Description: Providing an inaccurate or vague description of the property can cause significant issues. Make sure to include the correct address and legal description.
Failure to Meet Deadlines: There are strict deadlines for filing a mechanics lien in California. Missing these deadlines can result in losing your right to claim the lien.
Not Notifying the Property Owner: It’s essential to notify the property owner about the lien. Failing to do so may lead to complications in enforcing the lien later on.
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.
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:
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