Mechanic’s Lien Filing and Service Requirement

Law Offices
BEARD HOBBS & ASSOCIATES
An Association Of Lawyers Not Including A  Partnership
1014 Broadway, Suite A
El Cajon, California 92021
Telephone (619) 201-8467• Fax (619) 749-0656

Beard Hobbs
beardhobbs@cox.net

Of Counsel
Adam Conzales
adam-gonzales@cox.net

Trial Practice With Emphasis In
Construction Law and Civil Business Litigation


MECHANIC’S LIEN FILING AND SERVICE REQUIREMENT

For years, contractors and material suppliers have recorded Mechanic’s Liens with the knowledge that once the Mechanic’s Lien was recorded, the contractor/material supplier had 90 days to perfect the Mechanic’s Lien by filing a lawsuit. Beginning January 01, 2011, the law changes and failure to comply explicitly with the new change to the law, a recorded Mechanic’s Lien, will be unenforceable as a matter of law.

Beginning January 01, 2011, Civil Code Section 3084(6)(7) will require that once your Mechanic’s Lien has been recorded at the County Recorder’s Office, you must send a copy of the Mechanic’sLien to the owner/reputed owner of the property by registered, certified or first class mail accompanied by a very specific Notice of Mechanic’s Lien.

The Notice of Mechanic’s Lien advises the owner/reputed owner that a Mechanic’s Lien has been recorded against their property. That the property is subject to a legal action seeking a court ordered foreclosure sale of the property. The notification must advise the owner/reputed owner that any legal action must be commenced within 90days of having recorded the Mechanic’s Lien. The notice must advise the owner/reputed owner that you have provided labor and/or material to the property and that you have not been paid. The notice must also inform the owner/reputed owner that theMechanic’s Lien may affect the owner/reputed owner’s ability to borrow against, refinance or sell the property. Finally, the notice must advise the owner/reputed owner that they may want to discuss the Mechanic’s Lien with the general contractor, CSLB and/or an attorney.

In addition to sending the owner/reputed owner a very specific and code compliant Notice of Mechanic’s Lien, the sender is obligated to execute a proof of service affidavit.

FAILURE TO SEND A NOTICE OF MECHANIC’S LIEN BY REGISTERED, CERTIFIED OR FIRST CLASS MAIL AND EXECUTE A PROOF OF SERVICE AFFIDAVIT WILL RENDER YOURMECHANIC’S LIEN UNENFORCEABLE AS A MATTER OF LAW!!!!

We are advising our clients and Master Liens to immediately comply with the new provisions of the Civil Code. We are also advising our clients to send all notifications via registered or certified mail.