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Mechanic`s Lien II

By
Mortgage and Lending with Nationwide Funding Group

Here are the formal procedures for placing a mechanics lien on a property in the state of California:

 

•(1)     Preliminary Notice: A preliminary notice is a written notice that must be given to the owner within 20 days of first furnishing labor or materials for a job anyone eligible to file a mechanic's lien. This document gives owners the proper notice that their property may be subject to this specific lien if they do not pay for work completed.

•(2)     Notice of Completion: If the owner records a notice of completion within 10 days after the project is finished, the original contractors have exactly 60 days after the notice is filed, and all others have 30 days after the notice is filed, to record a mechanics lien.

•(3)     No Notice of Completion: If the owner does not record a notice of completion when work is finished, all claimants have a maximum of 90 days from the exact day work was finished to record a mechanics lien.

•(4)     Foreclosure Action: After a mechanics lien is recorded, the claimant has 90 days to bring foreclosure action to enforce the lien. If he or she does not bring action, the lien will be formally terminated and the claimant loses the right to foreclose.

 

 

If an owner discovers unauthorized work on the property, he or she must file a notice a responsibility. This is a notice that must be recorded and posted on the property to be valid, stating the owner is not responsible for work being done. This notice formally releases the owner from the liability for work done without permission. The owner must record this notice within 10 days after discovering the unauthorized work. The notice normally is posted with a commercial lease at the beginning of the job, if a tenant is ordering the job.

 

As you can see these timelines are very specific and exceptions are simply impossible.  

Jay Thompson
Zillow - Seattle, WA
Is there a filing fee? Just curious.
Dec 14, 2006 11:21 AM
Gena Riede
Riede Real Estate, Lic. 01310792 - Sacramento, CA
Real Estate Broker - Sacramento CA Real Estate (916) 417-2699
Eddy, 2 comments...this is valuable information especially when someone hires a contractor for work at their home...what every homeowner should know. Perhaps, this might be the start of another blog. I know that I blogged on this very thing that will be on my other blog and I will link to this blog so hopefully it will bring you some traffic.
Dec 16, 2006 02:55 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude
Great information for homeowners who are having work done. Perhaps it will keep some from having problems, or from not doing what they are supposed to do to avoid a lien.
Dec 18, 2006 05:32 PM