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Mechanics Lien California Form

The Mechanics Lien California form is a legal document that allows contractors, subcontractors, and suppliers to secure payment for work performed on a property. By filing this form, individuals in the construction industry can protect their right to compensation when they have not been paid for their services. Understanding how to use this form effectively is crucial for anyone involved in construction projects in California.

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Mechanics Lien California 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)

⇓ PDF File

Instructions on Utilizing Mechanics Lien California

Filling out the Mechanics Lien form in California is a straightforward process that requires attention to detail. It’s important to ensure that all information is accurate and complete to avoid any delays or issues. The following steps will guide you through the process of filling out the form correctly.

Begin by downloading the Mechanics Lien form from the California Secretary of State's website or obtain a physical copy from a local office.
At the top of the form, write the name of the property owner. This should be the individual or entity that owns the property where the work was performed.
Next, include the address of the property. Make sure to provide the full street address, including the city, state, and ZIP code.
Indicate the name of the contractor or subcontractor who performed the work. This is important for identifying who is making the claim.
Fill in the details of the work completed. Describe the type of work performed and the materials supplied. Be as specific as possible.
Provide the dates when the work was started and completed. Accurate dates are crucial for the validity of the lien.
List the amount owed for the work done. This should reflect the total balance due for services rendered.
Sign and date the form. Ensure that the signature is from the individual or entity making the claim.
Make copies of the completed form for your records and for any necessary filings.
File the completed form with the appropriate county recorder’s office. Check local requirements for any filing fees that may apply.

After completing these steps, ensure that you follow any additional requirements that may be specific to your situation or location. This could include notifying the property owner or sending copies of the lien to other parties involved in the project.

Misconceptions

Understanding the Mechanics Lien process in California is essential for contractors, subcontractors, and suppliers. However, several misconceptions can lead to confusion and missteps. Below are five common misconceptions about the Mechanics Lien California form.

Myth 1: A Mechanics Lien can be filed without any prior notice.

In California, it is often required to provide a preliminary notice before filing a Mechanics Lien. This notice informs property owners of the potential claim and can help prevent disputes.

Myth 2: Filing a Mechanics Lien guarantees payment.

While a Mechanics Lien can help secure a payment claim, it does not guarantee that the property owner will pay. Legal action may still be necessary to enforce the lien.

Myth 3: A Mechanics Lien must be filed immediately after work is completed.

The deadline for filing a Mechanics Lien varies depending on the type of work done. Generally, it must be filed within 90 days after the completion of the project, but it’s important to verify specific timelines.

Myth 4: All contractors can file a Mechanics Lien regardless of their contract status.

Only those who have a direct contractual relationship with the property owner or have provided labor or materials to the project can file a Mechanics Lien. Others may not have this right.

Myth 5: Once filed, a Mechanics Lien cannot be removed.

A Mechanics Lien can be released or removed. This can happen through payment, a court order, or if the lien claimant fails to enforce the lien within a specified time frame.

Documents used along the form

The Mechanics Lien form in California is often accompanied by several other documents that support the lien process. Understanding these documents can help ensure compliance with California's construction laws and streamline the filing process. Below is a list of commonly used forms and documents associated with a Mechanics Lien.

Preliminary Notice: This document informs property owners and general contractors that a subcontractor or supplier has begun work on a project. It is a crucial step in protecting the right to file a mechanics lien later if payment issues arise.
Notice of Intent to Lien: This notice is sent to the property owner before filing a mechanics lien. It serves as a formal warning that a lien will be placed if payment is not received by a specified deadline.
Durable Power of Attorney: A critical document that allows individuals to designate someone to manage their affairs in case of incapacitation; for more information, visit Durable Power of Attorney.
Claim of Lien: This document is the actual lien that is filed with the county recorder's office. It outlines the amount owed and provides details about the work performed or materials supplied.
Release of Lien: Once payment is received, this document releases the mechanics lien from the property. It must be recorded to clear the title and ensure that the property is no longer encumbered by the lien.
Proof of Service: This document demonstrates that the required notices were properly delivered to the relevant parties. It is essential for establishing compliance with notification requirements.

These documents play significant roles in the mechanics lien process in California. Properly preparing and filing them can help protect the rights of those involved in construction projects and facilitate timely payments.