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Your Legal Corner - Client Alert Blog

New Rules For California Mechanics' Liens

Written By: Melissa C. Marsh, Esq., California Attorney, November 2009 Add to Favorites
Assembly Bill 457 requires those seeking to use and record a mechanics' lien in California to adopt different procedures effective January 1, 2011. Under the new laws, a mechanics' lien holder (generally a contractor, subcontractor, or material supplier) on a private work of improvement must within 20 days of filing a complaint to foreclose on a mechanics' lien (also known as a claim of lien) record in the proper county recorders' office a notice of the pendency of the proceedings.

The new laws also require the lien holder to serve the property owner with the Mechanics' Lien and accompanying Notice of Mechanic's Lien. Service must be accomplished by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed to the owner or reputed owner at the owner's or reputed owner's residence or place of business address or at the address shown by the building permit on file.

The new law provides that if the owner, or reputed owner cannot be served, the notice may be given by registered mail, certified mail, or first-class mail to the construction lender, or to the original contractor.

Failure to serve the Mechanics' Lien and Notice of Mechanics' Lien as prescribed in Assembly Bill 457 will render the mechanics' lien unenforceable as a matter of law.


Tags: mechanics lien
Posted In: Real Estate Reporter 


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.