Home > Construction Law > In January 2011 Mechanic’s Lien Claimants are Required to Serve Project Owners a new Notice before Recording a Mechanic’s Lien

In January 2011 Mechanic’s Lien Claimants are Required to Serve Project Owners a new Notice before Recording a Mechanic’s Lien

A mechanic’s lien a claimant previously only had to complete and execute a claim of lien form and record it at the proper county recorder’s office, i.e. in the county where the project was located.  The claimant has no separate obligation to inform the project owner that the lien has been recorded.  This sometimes resulted in a project owner first learning about a mechanic’s lien when they were served with a lien foreclosure lawsuit.

Civil Code Section 3084 is being amended effective January 1, 2011, with changes to try and ensure that project owners are informed immediately that a mechanic’s lien has been recorded and provide them with basic information about the nature and possible impacts of the lien.  Under the new law, claimants will be required to serve a Notice of Mechanic’s Lien as specified in Section 3084(a)(7), attach a signed affidavit of proper service of same on the owner, before recording the lien itself.

The specified notice includes basic information regarding mechanic’s liens, including the fact that the liened property may be subject to a lawsuit seeking a foreclosure sale. The proof of service affidavit is to be recorded along with the claim of lien.

The modified version of the statute specifically provides that the failure to serve the lien document and specified notice as provided therein shall invalidate the lien.  Please see Civil Code Section 3084 operative January 1, 2011

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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  1. January 4, 2011 at 1:07 pm

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