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Fill in a Valid Mechanics Lien California Form

The Mechanics Lien California form is a legal document that allows contractors, subcontractors, and suppliers to claim a lien against a property when they have not been paid for work or materials provided. This form serves as a vital tool in protecting the rights of those who contribute to construction projects. Understanding its purpose and proper use is essential for anyone involved in the construction industry in California.

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Fill in a Valid Mechanics Lien California Form

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Document Sample

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)

Document Information

Fact Name	Details
Purpose	The Mechanics Lien form is used to secure payment for labor or materials provided in the construction or improvement of a property.
Governing Law	California Civil Code Section 8400 et seq. governs the Mechanics Lien process in California.
Eligibility	Any contractor, subcontractor, laborer, or supplier who has not been paid for work performed can file a Mechanics Lien.
Filing Deadline	A Mechanics Lien must be filed within 90 days after the completion of the work or the last delivery of materials.
Notice Requirement	In most cases, a Preliminary Notice must be sent to the property owner before filing a Mechanics Lien.
Form Contents	The form requires information such as the property address, the claimant's details, and a description of the work done.
Recording	The completed Mechanics Lien form must be recorded with the county recorder's office where the property is located.
Enforcement	If payment is still not received, the claimant may enforce the lien by filing a lawsuit within 6 months of recording the lien.
Impact on Property	A recorded Mechanics Lien can affect the property’s title and may hinder future sales or refinancing.
Release of Lien	The lien can be released by filing a release form or when payment is made, which removes the claim from the property.

Mechanics Lien California - Usage Guidelines

Filling out the Mechanics Lien form in California is an important step for those seeking to secure payment for work performed on a property. It is essential to ensure that the information is accurate and complete to protect your rights. The following steps will guide you through the process of filling out the form correctly.

Obtain the Form: Download the Mechanics Lien form from the California Secretary of State's website or visit your local county recorder's office to get a physical copy.
Identify the Property: Clearly write the property address where the work was performed. Include the street number, street name, city, and zip code.
Provide Your Information: Fill in your name and contact information. This should include your address, phone number, and email address, ensuring that you can be reached regarding the lien.
Detail the Owner’s Information: Enter the name of the property owner. If the owner is a business, include the business name and the name of the individual representing the business.
Describe the Work Done: Provide a brief description of the work performed or materials supplied. Be specific but concise to ensure clarity.
State the Amount Owed: Clearly indicate the total amount owed for the work or materials provided. Make sure to double-check your calculations.
Sign the Form: Sign and date the form at the bottom. Your signature confirms that the information provided is accurate to the best of your knowledge.
Notarization (if required): Some jurisdictions may require the form to be notarized. Check local requirements and arrange for a notary if necessary.
File the Form: Submit the completed form to the appropriate county recorder's office. Be aware of any filing fees that may apply.
Serve the Owner: After filing, make sure to serve a copy of the lien to the property owner, as required by California law.

Once you have completed these steps, you will have successfully filled out the Mechanics Lien form. It is important to keep a copy for your records and monitor any responses from the property owner or their representatives. Understanding the process can help ensure that your rights are protected and that you receive the compensation you deserve.

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Dos and Don'ts

When filling out the Mechanics Lien California form, it is crucial to follow specific guidelines to ensure the document is valid and effective. Below is a list of things to do and avoid.

Do: Provide accurate and complete information about the property.
Do: Include the correct legal description of the property.
Do: Sign the form in the appropriate section.
Do: File the lien within the required time frame.
Do: Keep copies of all documents for your records.

Don't: Leave any required fields blank.
Don't: Use vague or ambiguous language in the description.
Don't: Forget to serve a copy of the lien to the property owner.
Don't: Delay filing, as it may affect your rights.

Common mistakes

Incorrect Property Description: Failing to provide a precise and complete description of the property can lead to complications. Ensure that the legal description matches the property records.
Missing Signatures: The form must be signed by the lien claimant. Omitting a signature can invalidate the lien.
Wrong Dates: Entering incorrect dates can create confusion about the timeline of the project. Always double-check that the dates reflect the actual work performed.
Failure to Serve Notice: Not serving the required preliminary notice to the property owner can result in losing the right to file a lien. This step is crucial.
Inaccurate Amount Claimed: Listing an incorrect amount can lead to disputes. Ensure that the amount claimed reflects the total due accurately.
Not Including All Required Parties: Failing to list all parties involved in the project can weaken the lien. Include all relevant contractors and subcontractors.
Improper Filing: Submitting the lien to the wrong county office can delay the process. Verify the correct filing location before submission.
Ignoring Deadlines: Each step in the lien process has specific deadlines. Missing these can jeopardize the lien's validity.
Not Keeping Copies: Failing to retain copies of the filed lien can create issues later. Always keep a record for your files.
Neglecting to Follow Up: After filing, it’s important to follow up on the status of the lien. This ensures that it remains enforceable.

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