A Mechanics Lien in California is a legal claim against a property that ensures payment for work performed or materials supplied during construction or renovation. This form protects the rights of contractors, subcontractors, and suppliers by allowing them to secure their interests in the property. If you need to fill out this important form, click the button below.
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Filling out and using the Mechanics Lien form in California is an important process for contractors, subcontractors, and suppliers seeking payment for work performed. Here are key takeaways to consider:
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:
The Mechanics Lien California form shares similarities with the Notice of Intent to Lien. Both documents serve as formal notifications related to unpaid debts in construction projects. The Notice of Intent to Lien is often filed before the actual lien and informs property owners of a potential claim against their property. This proactive approach aims to encourage payment and resolution before the lien is officially recorded. By doing so, it provides an opportunity for the parties involved to settle disputes amicably, potentially avoiding the more severe implications of a lien filing.
Another document similar to the Mechanics Lien is the Stop Notice. A Stop Notice is used to notify a property owner or construction lender that a contractor or supplier has not been paid for work performed or materials supplied. Like a Mechanics Lien, it can be used to secure payment, but it operates slightly differently. While a Mechanics Lien attaches to the property itself, a Stop Notice can be served directly to the owner or lender, effectively halting payments to the contractor until the issue is resolved. This document helps protect the rights of subcontractors and suppliers in the construction process.
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The Notice of Completion is also comparable to the Mechanics Lien California form. This document is filed by the property owner upon the completion of a construction project. It serves to officially mark the end of work and can trigger a shorter timeline for lien claims. When a Notice of Completion is recorded, it can limit the time frame in which a Mechanics Lien can be filed, emphasizing the importance of timely action for those seeking to protect their financial interests in the project. This document ensures that all parties are aware of the completion status and can act accordingly.
Lastly, the Preliminary Notice is another document that bears resemblance to the Mechanics Lien. This notice is typically sent at the beginning of a project to inform the property owner that a contractor or subcontractor is involved in the work. It establishes a record of the parties involved and their rights to file a lien if payment issues arise. By providing early notice, it helps protect the rights of those who contribute to the project, ensuring that they can claim their due payments should disputes occur later on. The Preliminary Notice acts as a safeguard, laying the groundwork for potential lien actions in the future.
Filling out the Mechanics Lien form in California requires careful attention to detail. Accurate completion is essential to ensure that your lien is valid and enforceable. Follow these steps to properly fill out the form.
After filing, keep a copy of the form for your records. It is also advisable to send a copy to the property owner to ensure they are aware of the lien. Following these steps will help protect your rights and interests in the project.
When filing a Mechanics Lien in California, several other forms and documents may be necessary to support the process. Each of these documents serves a specific purpose and helps ensure compliance with state laws. Below is a list of commonly used forms that accompany the Mechanics Lien.
Understanding these documents and their purposes is crucial for anyone involved in the construction industry in California. Properly utilizing them can help protect rights and ensure timely payment for services rendered.
Incorrect Property Description: Failing to provide a precise and accurate description of the property can lead to issues. Ensure the address and legal description are complete.
Missing Signatures: Not signing the form can invalidate the lien. All required parties must sign to ensure the document is legally binding.
Improper Filing: Submitting the lien in the wrong county or jurisdiction can cause delays. Always file in the county where the property is located.
Inaccurate Dates: Providing incorrect dates, such as the date of the last work performed or the date of service, can lead to complications. Double-check all dates for accuracy.
Failure to Serve Notice: Not serving a preliminary notice to the property owner or general contractor can affect your lien rights. Make sure to follow all notice requirements.
Omitting Required Information: Leaving out essential details like the amount owed or the type of work performed can render the lien ineffective. Include all necessary information.
Incorrect Amount Claimed: Claiming an amount that is not accurate can lead to disputes. Ensure that the amount reflects the actual debt owed.
Not Following Timelines: Each step in the lien process has specific deadlines. Missing these deadlines can jeopardize your lien rights.
Neglecting to Keep Copies: Failing to keep copies of the filed lien and related documents can create problems later. Always maintain records for your files.
When filling out the Mechanics Lien form in California, it's important to ensure accuracy and compliance. Here are some key do's and don'ts to keep in mind: