The Mechanics Lien California form serves as a crucial legal document that allows contractors, subcontractors, and suppliers to secure payment for labor and materials provided on a construction project. This form is essential for protecting the rights of those who contribute to the improvement of a property, ensuring they can claim a lien against the property if payment is not received. To learn more and fill out the form, click the button below.
When filling out and using the Mechanics Lien form in California, keep the following key points in mind:
Following these guidelines will help ensure that your Mechanics Lien is properly filed and enforceable.
When dealing with a Mechanics Lien in California, several other forms and documents often accompany it to ensure proper filing and enforcement of rights. Each document serves a unique purpose and helps streamline the process for all parties involved. Below is a list of commonly used documents along with brief descriptions.
Understanding these accompanying documents is essential for anyone involved in the construction industry or property transactions in California. Each form plays a critical role in protecting the rights of those who contribute labor and materials to a project.
Notice of Intent to Lien: This document serves as a warning to property owners that a lien may be placed on their property if payment is not received. Like the Mechanics Lien, it aims to secure payment for services or materials provided.
Preliminary Notice: A preliminary notice informs property owners and other interested parties about the involvement of contractors or suppliers in a project. It is similar to the Mechanics Lien in that it establishes a right to file a lien if payment issues arise.
Release of Lien: This document is used to remove a lien once the debt has been satisfied. It is closely related to the Mechanics Lien, as it signifies the resolution of the payment issue that prompted the lien in the first place.
Claim of Lien: This document is essentially another name for the Mechanics Lien itself. It serves the same purpose of claiming a right to payment and can be filed against a property when services or materials remain unpaid.
Load Calculations - Fosters responsible energy consumption practices.
In addition to the importance of a Living Will, individuals in California can find valuable resources to aid in their planning process. Understanding the significance of this document can help navigate the complex medical landscape during challenging times, ensuring that preferences are honored and family conflicts are minimized. For those looking for comprehensive documentation, All California Forms offers a variety of templates and guidelines to streamline the process of creating an effective Living Will.
Acord 130 - By providing a space for remarks, applicants can elaborate on any special considerations that should be taken into account during underwriting.
Incorrect Property Description: Many individuals fail to provide a precise description of the property. This can lead to confusion and may invalidate the lien.
Missing Signatures: Some people forget to sign the form. Without a signature, the document is not legally binding.
Improper Filing Deadline: Each lien has a specific time frame for filing. Missing this deadline can result in losing the right to file.
Incomplete Information: Omitting necessary details, such as the owner’s name or the amount owed, can cause complications.
Failure to Serve Notice: Before filing, a notice must often be served to the property owner. Skipping this step can lead to legal issues.
Using the Wrong Form: There are different types of mechanics lien forms. Using the incorrect one can render the filing invalid.
Not Keeping Copies: Failing to keep copies of the filed lien can create problems if proof of the filing is needed later.
Ignoring Local Requirements: Different counties may have specific rules regarding the mechanics lien process. Ignoring these can lead to rejection of the form.
Incorrect Amount Claimed: Claiming an inaccurate amount can lead to disputes and may jeopardize the validity of the lien.
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: