Mechanic Lien
Mechanic Lien
There are many different ways mechanics liens can work to get you paid, but the most important thing
to remember is that they work. By giving the claimant an interest in the improved property itself, the
mechanics lien empowers construction participants to get what they’ve earned and deserve.
If you have decided to file a California mechanics lien, this step-by-step guide will tell you how. Keep in
mind there may be preliminary notice and timing requirements that must be met prior to filing a valid
California mechanics lien, and that it can be complicated and time-consuming to file a mechanics lien
by yourself. But, once you’re ready to file, just follow the steps below to start the lien process.
• A statement of the claimant’s demand after deducting all just credits and offsets.
• The name of the owner.
• A general statement of the kind of work furnished by the claimant.
• The name of the person by whom the claimant was employed or to whom the claimant furnished work.
• A description of the site sufficient for identification.
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California Mechanics Lien Guide
The Practical Guide to Filing a California Mechanics Lien
Note that the 7th bullet point above is a proof of service affidavit. This is important. A California
mechanics lien must be served on the property owner, and the affidavit of service must be filed with
the recorder along with the lien itself. Service may be accomplished by sending the lien by registered
mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed
to the owner or reputed owner at the owner’s or reputed owner’s residence or place of business
address or at the address shown by the building permit on file with the authority issuing a building
permit for the work. Service is complete at the time of mailing. Complete an affidavit of service noting
the method by which you mailed the lien to the property owner (certified mail), it is a good idea to
include the tracking number. Print out a copy to send to owner with the lien, and another copy to
include with the lien for filing.
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California Mechanics Lien Guide
The Practical Guide to Filing a California Mechanics Lien
• Once the document is recorded, a stamped copy of the recorded lien can be obtained for your records.
• Note that if you mailed your lien to the county for recording, or sent it via a courier, you will need to a) include
the proper fees for recording with the document; and b) include a self-addressed stamped envelope with return
instructions if you wish to receive a copy of the recorded lien for your records.
Congratulations! As long as you served the document prior to submitting the document for recording,
once you have a stamped copy of the recorded lien in your possession you have an official recorded
mechanics lien. This is a powerful tool to get paid – but remember that just because a lien is recorded
it doesn’t mean that it cannot be challenged. A lien can be recorded even if it is not valid for some
reason, and, whether or not it is valid, a property owner (or their attorney) may make a claim that it is
improper and needs to be removed.
Finally, a California mechanics lien only stays effective for 90 days from the date on which it was
recorded – after that date the lien expires. Technically, lien extensions are available in California,
but the extension process is difficult to manage since it requires an overly cumbersome amount
of coordination and agreement between the owner and the lien claimant as well as the filing and
recording of an additional document, “The Notice of Credit,” (which also must be signed by both the
owner and the lien claimant). Because of this added burden, lien extensions in California are very rare.
Recording a mechanics lien can be a powerful tool in making sure you are paid what you earned. The
How-To guide above can empower you to take that step when and if it becomes necessary, and make
sure you are treated fairly.
FILE A LIEN
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Instrument Prepared By
And Recording Requested By:
Legal Description:
Randall Mayfield
26255 Iris Ave Unit A
Moreno Valley Ca 92555
NOTICE IS HEREBY GIVEN that Claimant claims a lien for labor, service, equipment or
materials under Section 8416 et seq. of the Civil Code of the State of California, upon
the Property, above-described, and upon every estate or interest in such structures,
improvements and premises held by any party holding any estate therein. The labor,
service, equipment or materials were furnished for the construction of those certain
buildings, improvements, or structures, now upon that certain parcel of land above-
described as the Property.
Signed: _________________________________
Claimant
Print Name:
_________________________________ Date:
Claimant
Print Name:
Date:
Upon the recording of the enclosed MECHANICʼS LIEN with the county recorderʼs 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 Mechanicʼs Lien is recorded.
The party identified in the Mechanicʼs 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 Mechanicʼs Lien foreclosure
action against your property. The foreclosure action will seek a sale of your property in
order 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
Mechanicʼs Lien is released.
BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK
WITH YOUR CONTRACTOR IMMEDIATELY OR CONTACT AN ATTORNEY, OR FOR
MORE INFORMATION ON MECHANICʼS LIENS GO TO THE CONTRACTORSʼ
STATE LICENSE BOARD WEBSITE AT www.cslb.ca.gov.
Step 1: Step 2:
Calculate Deadlines File Your Document
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