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The Mechanics Lien California form serves as a crucial legal tool for contractors, subcontractors, and suppliers who have not received payment for services rendered or materials supplied in construction projects. This form is vital in protecting the rights of those who contribute to the improvement of a property. By filing a mechanics lien, an individual or company can secure a legal claim against the property, which may compel the owner to settle outstanding debts. The form requires specific information, including the property owner's name, a description of the work performed, and the amount owed. Timeliness is essential; the lien must be filed within a certain period following the last day of work or delivery of materials. Additionally, the form must be served to the property owner and, in some cases, recorded with the county clerk to enforce the claim. Understanding the nuances of this form can significantly impact the financial recovery process for those in the construction industry. Properly completing and filing the Mechanics Lien California form can help ensure that unpaid workers receive the compensation they deserve, thereby fostering a fairer construction environment.

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Dos and Don'ts

When filling out the Mechanics Lien form in California, it's important to approach the process with care. Below is a list of ten things to keep in mind, including both what you should and shouldn't do.

  • Do ensure that all information is accurate and complete.
  • Do use clear and legible handwriting or type the form.
  • Do include a description of the work performed or materials supplied.
  • Do provide the correct legal description of the property.
  • Do file the lien within the required time frame.
  • Don't forget to sign and date the form.
  • Don't use vague terms or descriptions that may lead to confusion.
  • Don't omit the name and address of the property owner.
  • Don't ignore the requirement for notarization, if applicable.
  • Don't fail to keep a copy of the filed lien for your records.

By following these guidelines, you can help ensure that your Mechanics Lien is properly filed and stands up to scrutiny. Attention to detail is essential in this process.

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)

Listed Questions and Answers

  1. What is a Mechanics Lien in California?

    A Mechanics Lien is a legal claim against a property that ensures payment for labor or materials provided during construction or improvement projects. It protects contractors, subcontractors, and suppliers when they do not receive payment for their work.

  2. Who can file a Mechanics Lien?

    In California, various parties can file a Mechanics Lien. This includes general contractors, subcontractors, material suppliers, and laborers. If you provided services or materials for a construction project and were not paid, you may be eligible to file.

  3. What information is required to complete the Mechanics Lien form?

    The form requires specific details, such as:

    • The name and address of the property owner.
    • The name and address of the claimant (the person filing the lien).
    • A description of the work performed or materials supplied.
    • The amount owed for the services or materials.
    • The property’s legal description.

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

    In California, you must file a Mechanics Lien within 90 days after the completion of the work or delivery of materials. It is crucial to adhere to this timeline to protect your right to payment.

  5. How do I file a Mechanics Lien?

    To file a Mechanics Lien, you need to complete the form accurately and submit it to the county recorder's office where the property is located. Ensure you pay any required filing fees. It is advisable to keep a copy for your records.

  6. What happens after I file a Mechanics Lien?

    Once filed, the Mechanics Lien becomes a public record. The property owner will be notified, and they must address the lien. If payment is not made, you may need to initiate legal proceedings to enforce the lien.

  7. Can a Mechanics Lien be removed?

    Yes, a Mechanics Lien can be removed. The property owner may pay the owed amount, or you may agree to release the lien. Additionally, if you do not pursue legal action within a certain period, the lien may become invalid.

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

    If you do not file a Mechanics Lien, you may lose your right to collect payment for your work or materials. Without this legal claim, you may have limited options for recovering the owed amount.

  9. Can I file a Mechanics Lien if I have a contract?

    Yes, you can still file a Mechanics Lien even if you have a contract. The lien serves as additional security for payment, especially if the contract terms are not met or payment is delayed.

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

    While it is not mandatory to have legal assistance, it can be beneficial. A legal professional can help ensure that the form is completed correctly and that you meet all requirements. This may increase the likelihood of a successful claim.

Form Overview

Fact Name Description
Purpose The Mechanics Lien form is used to secure payment for labor or materials provided for construction projects in California.
Governing Law The Mechanics Lien process is governed by California Civil Code Section 8400 et seq.
Eligibility Any contractor, subcontractor, or supplier who has not been paid for work done on a property may file a Mechanics Lien.
Filing Deadline A Mechanics Lien must be filed within 90 days after the completion of the work or delivery of materials.
Notice Requirement Before filing a lien, a preliminary notice must be sent to the property owner within 20 days of starting work or supplying materials.
Form Submission The completed Mechanics Lien form must be filed with the county recorder's office where the property is located.
Enforcement If payment is not received, the lien can be enforced through a lawsuit, typically within 6 months of filing.
Impact on Property A Mechanics Lien can affect the property’s title, making it difficult for the owner to sell or refinance until resolved.