Last updated: 5/29/2015
Mechanics Lien
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Description
RECORDING REQUESTED BY AND WHEN RECORDED MAIL DOCUMENT TO: NAME STREET ADDRESS CITY, STATE & ZIP CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY Mechanic's Lien The undersigned, (Full name of person or firm claiming mechanic's lien) referred to in this claim of lien as the claimant, claims a mechanics' lien for the labor, services, equipment and/or materials described below, furnished for a work of improvement upon that certain real property located in the County of , State of California, and described as follows: Street Address: Legal Description: After deducting all just credits and offsets, the sum of $ rate of percent per annum from , together with interest thereon at the , is due claimant for the following labor, services, equipment and/or materials: The name of the person or company by whom claimant was employed, or to whom claimant furnished the labor, services, equipment and/or materials is The name(s) and address(es) of the owner(s) or reputed owner(s) of the real property is/are: Name of Claimant By (Signature of claimant) VERIFICATION I, the undersigned, state: I am the (Title) of, (Name of claimant) the claimant named in the foregoing claim of mechanics' lien; I am authorized to make this verification for the claimant; I have read the foregoing claim of mechanics' lien and know the contents thereof, and the same is true to my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , at , California Note: Proof of Service Affidavit and Notice of Mechanic's Lien Claim must be attached. American LegalNet, Inc. www.FormsWorkFlow.com NOTICE OF MECHANICS LIEN ATTENTION! Upon the recording of the enclosed MECHANICS 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 mechanics lien is recorded. The party identified in the enclosed mechanics 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 mechanics 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 mechanics 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 MECHANICS LIENS GO TO THE CONTRACTORS STATE LICENSE BOARD WEB SITE AT 7/1/12 American LegalNet, Inc. www.FormsWorkFlow.com PROOF OF SERVICE AFFIDAVIT California Civil Code section 8416 Failure to serve the Mechanic's Lien and Notice of Mechanic's Lien on the owner, or alternatively if the owner cannot be served on the lender or direct contractor, shall cause the Mechanic's Lien to be unenforceable as a matter of law (Civil Code Section 8024(d)). Service of the Mechanic's Lien and Notice of Mechanic's Lien must be by (1) registered mail, (2) certified mail, or (3) first-class mail evidenced by a certificate of mailing, postage prepaid, and to a residence or business address for the owner, lender or contractor. Further, a Proof of Service Affidavit (below) must be completed and signed by the person serving the Mechanic's Lien and Notice of Mechanic's Lien. This page should be completed (either one of the sections below) and recorded with the County Recorder along with the Mechanic's Lien and Notice of Mechanic's Lien. PROOF OF SERVICE AFFIDAVIT (ON OWNER) California Civil Code section 8416(a)(7) and (c)(1) I, ______________________________ (name), declare that I served a copy of this Mechanic's Lien and Notice of Mechanic's Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the owner(s) or reputed owner(s) of the property: Company/Person Served: ____________________________________________________________________ Title or capacity of person served (if appropriate): __________________________________________________ Service address: ____________________________________________________________________________ Said service address is the owner's residence, place of business, or address showed by the building permit on file with the permitting authority for the work. Executed on ___________, 20_____ (date) at __________________ (city), _____________________ (county), California. By: ______________________________________ (Signature of person making service) ALTERNATE PROOF OF SERVICE AFFIDAVIT (ON LENDER OR DIRECT CONTRACTOR) California Civil Code Section 8416(a)(7) and (c)(2) I, ____________________________________________________ (name), declare that the owner or reputed owner cannot be served with a copy of this Mechanic's Lien and Notice of Mechanic's Lien by registered mail, certified mail, or first-class mail. Pursuant to California civil Code section 8416(c )(2), I served a copy of this Mechanic's Lien and Notice of Mechanic's Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the construction lender or direct contractor as follows: Company/Person Served: ____________________________________________________________________ Title or capacity of person served (If appropriate): __________________________________________________ Service address: ____________________________________________________________________________ Executed on ___________, 20_____ (date) at __________________ (city), _____________________ (county), California. By: ______________________________________ (Signature of person making service) American LegalNet, Inc. www.FormsWorkFlow.com