A Mechanics Lien in California is a legal claim against a property that ensures payment for labor or materials provided during construction or improvement projects. This form serves as a vital tool for contractors, subcontractors, and suppliers to secure their rights and ensure they receive compensation for their work. To protect your interests, consider filling out the Mechanics Lien California form by clicking the button below.
In California, the Mechanics Lien form serves as a vital tool for contractors, subcontractors, and suppliers seeking to secure payment for work performed or materials supplied on a construction project. This legal instrument provides a mechanism for these parties to assert their rights to a property when payment has not been received. The form itself must be completed with precision, including essential details such as the property owner's name, the description of the work performed, and the amount owed. Timeliness is crucial; the lien must be filed within a specific timeframe following the completion of the work or delivery of materials. Furthermore, the document must be recorded with the county recorder's office to establish its legal standing. Understanding the nuances of this form is essential for anyone involved in the construction industry in California, as it not only protects the rights of those who contribute to a project but also ensures that property owners are aware of their obligations. By navigating the intricacies of the Mechanics Lien form, stakeholders can better safeguard their financial interests and foster a more equitable construction landscape.
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:
Reiwa Forms - Document your request for any specific features or needs you may have.
Affidavit of Support - U.S. citizens and lawful permanent residents can act as sponsors when completing the I-864.
For those looking to streamline the process of transferring trailer ownership, the use of the California PDF Forms can simplify the necessary paperwork, ensuring that all required details are accurately documented and that the transaction adheres to legal standards.
Can I Get a Vsd-001 Form Online - Verification services are facilitated by the County Veterans Service Office as outlined in the form.
Understanding the Mechanics Lien California form is essential for contractors, subcontractors, and suppliers. However, several misconceptions can lead to confusion. Here are four common misconceptions:
Many believe that filing a mechanics lien ensures they will receive payment for their work. In reality, while it provides a legal claim against the property, it does not automatically secure payment. Legal action may still be necessary to enforce the lien and collect the owed amount.
Some assume that the procedures for filing a mechanics lien are uniform across all projects. However, the requirements can differ significantly based on the type of project, such as residential versus commercial, and the specific circumstances surrounding the work performed.
It is a common belief that there is no strict timeline for filing a mechanics lien. In California, however, there are specific deadlines that must be adhered to. Generally, a lien must be filed within 90 days after the completion of work or the last delivery of materials.
Some individuals think they can file a mechanics lien without notifying the property owner. In California, it is often required to send a preliminary notice to the property owner before filing the lien. This notice serves as a warning that a lien may be filed if payment is not received.
When filing a Mechanics Lien in California, several other forms and documents may be necessary to support your claim. Understanding these documents can help ensure that your lien is properly filed and enforceable.
Being aware of these additional documents can streamline the process of filing a Mechanics Lien and protect your rights as a contractor or supplier. Proper documentation is key to ensuring that your claim is valid and enforceable.