Real Estate

  • Print Page
  • Email Page
  • Share this page
  • Home
  • Publications
  • Real Estate
  • The New Notice of Mechanic’s Lien: A New Opportunity to Resolve Contractor Claims Before Your Property is Encumbered?

The New Notice of Mechanic’s Lien: A New Opportunity to Resolve Contractor Claims Before Your Property is Encumbered?

June 01, 2011

On January 1, 2011, California added a new prerequisite to recording a mechanic’s lien that requires a mechanic’s lien claimant to serve a statutory Notice of Mechanic’s Lien, with a copy of the mechanic’s lien, upon the property owner before recording the mechanic’s lien. A proof of service affidavit, verifying that the Notice of Mechanic’s Lien was properly served, must then be recorded concurrently with the mechanic’s lien. This affords property owners a new opportunity to review the potential mechanic's lien before it is recorded and resolve claims before their property is encumbered. Although, as discussed below, this new opportunity may be more illusory than real, one thing is clear: failure to serve the mechanic’s lien and Notice of Mechanic’s Lien as prescribed renders the mechanic’s lien unenforceable as a matter of law.

Read Article

For more information, please contact:

Tyson Shower

916-491-3015 Direct Phone
916-491-3075 Fax

Email Attorney

vCard
PDF Bio


Join Our Mailing List

Click here to subscribe.

Related Practices