DESKTOP GENERAL COUNSEL
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  • DESKTOP GENERAL COUNSEL Home Page
  • TABLE OF CONTENTS
  • PAY IF PAID / PAY WHEN PAID- sample chapter
  • STOP NOTICES- Sample Chapter
  • ORDER FORM
  • RETENTION- article
  • THE NON PROMPT PAYMENT STATUTES article
  • PRESS PAGE
  • ARCHIVES
    • PRELIMINARY NOTICE LANGUAGE
    • MECHANICS LIEN and STOP NOTICE TIMELINE
    • REQUIRED MECHANICS LIEN LANGUAGE
    • EVER BEEN BIT BY A DEAD BEE? WHY ATTORNEY FEES ARE A BAD IDEA- article
    • THE FALSE CLAIM ACT- article
    • PATRICK McNAMARA CSU SACRAMENTO CLASS ORDER FORM
    • TIM McINERNEY UC BERKELEY CLASS ORDER FORM

Required Notice of Lien to the Owner

Starting in January 2011, before you record a Mechanics Lien on a property, you must send a Notice to the Owner, or the person/entity that you believe is the Owner, informing them that the Mechanics Lien is about to be recorded if no payment is received. The notice to the Owner must be sent by registered mail or certified mail. If you do not send this Notice to the Owner, the Mechanic’s Lien is unenforceable.

The Notice must also contain the following language in at least 10 point type:

                  NOTICE OF MECHANIC’S LIEN ATTENTION!
Upon the recording of the enclosed MECHANIC’S 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 mechanic’s lien is recorded.

The party identified in the mechanic’s 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 mechanic’s 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 mechanic’s 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 MECHANIC’S LIENS GO TO THE CONTRACTORS’ STATE LICENSE BOARD WEB SITE AT www.cslb.ca.gov.

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