Home > Construction Law, Real Estate Law > Civil Code Section 3146 Amendment effective January 1, 2011

Civil Code Section 3146 Amendment effective January 1, 2011

A Lis Pendens or as commonly called, a notice of pendency of action, is a document which is recorded against the title of real property to notify interested parties of pending litigation that may affect title. The Lis Pendens protects claimants by ensuring future interest holders have notice and therefore take title subject to the claim, and protects those same future interest holders by warning them of the claim.  While it is common to record a Lis Pendens relative to a mechanic’s lien claim, doing so was not required. However, on January 1, 2011 Civil Code section 3146 will be amended to make the recording of a Lis Pendens a mandatory element of enforcing a mechanic’s lien. Claimants will be required to record a Lis Pendens on or before 20 days after the filing of a mechanic’s lien foreclosure lawsuit.

The new Lis Pendens requirement is intended to assure that lien foreclosure suits are of record, making them available for title searches. As such, Mechanic’s Lien claimants should add the recordation of a Lis Pendens to the check list of required steps to perfecting a mechanic’s lien.

Nothing herein should be construed as legal advice or creating any attorney-client relationship. Please consult with an attorney for specific legal advice. Thank you.

All Rights Reserved © 2010 by Michael L. Mau, Esq.

The Mau Law Firm

Blog: https://maulaw.wordpress.com

Website: www.MauLaw.com

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