Contents
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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
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
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)
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
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
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)
Common mistakes
Filing a Mechanics Lien in California can be a crucial step for contractors and suppliers seeking payment for their work. However, many individuals make common mistakes that can jeopardize their claims. Understanding these pitfalls is essential to ensure a successful filing.
One frequent mistake is incomplete information. Many people fail to provide all the necessary details, such as the property owner's name, the correct address, or the description of the work performed. Incomplete forms can lead to delays or even rejection of the lien. It is vital to double-check that all required fields are filled out accurately.
Another common error is missing deadlines. California law imposes strict time limits for filing a Mechanics Lien. Depending on the type of project, the deadline can be as short as 60 days after the last work was performed or materials were supplied. Failing to meet these deadlines can result in losing the right to file a lien altogether.
Some individuals also neglect to serve the lien properly. After filing, it is essential to serve a copy of the lien to the property owner and possibly other interested parties. Not following the correct service procedures can lead to disputes about the validity of the lien. Proper documentation and evidence of service should be kept for future reference.
Additionally, failing to notarize the document can be a critical mistake. In California, a Mechanics Lien must be signed under penalty of perjury, and having it notarized adds a layer of authenticity. Without notarization, the lien may be challenged or dismissed in court.
Finally, many people overlook the importance of keeping thorough records. Documentation of contracts, invoices, and communications related to the project is crucial. If a dispute arises, having a complete record can support your claim and strengthen your position. Proper organization of these documents can make a significant difference in the outcome of any lien-related issues.
Dos and Don'ts
When filling out the Mechanics Lien California form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are five things you should do and five things you shouldn't do:
- Do provide accurate and complete information about the property owner.
- Do include a clear description of the work performed or materials supplied.
- Do ensure that the form is signed and dated appropriately.
- Do file the lien within the required time frame to protect your rights.
- Do keep copies of all documents for your records.
- Don't use vague language or ambiguous descriptions.
- Don't forget to verify the legal property description.
- Don't submit the form without checking for spelling or grammatical errors.
- Don't overlook the need for notarization if required.
- Don't ignore deadlines for filing or serving the lien.
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Similar forms
- Notice of Intent to Lien: This document informs property owners that a lien may be filed if payment is not received. It serves as a warning and encourages resolution before further action is taken.
- Preliminary Notice: This notice is sent to property owners and general contractors to establish a claim to payment. It is often required before filing a lien and helps to ensure that all parties are aware of the work being done.
- Claim of Lien: Similar to the Mechanics Lien, this document is filed to assert a right to payment for services rendered. It provides details about the debt and the property in question, making it a formal claim against the property.
- Release of Lien: Once payment is made, this document is filed to officially remove the lien from the property. It confirms that the debt has been settled and protects the property owner from future claims related to that debt.
- California Non-disclosure Agreement (NDA): This form is essential for protecting confidential information, allowing parties to maintain privacy in their business dealings. For further information, refer to OnlineLawDocs.com.
- Notice of Completion: This document is filed by the property owner when a project is completed. It can trigger deadlines for filing liens and helps to clarify when work has officially concluded, protecting all parties involved.