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Effective November 21st, Arizona Supreme Court no longer allows lien services to act as signing agents on Arizona Twenty Day Preliminary Notices

Arizona Supreme Court Administrative Order No. 2012-85, issued by Chief Justice Rebecca White Berch on November 21, 2012, amends Arizona Code of Judicial Administration 7-208(F)(1) pertaining to a certified legal document preparer “authorized services”. Here is a link to the 2-page decree.

Quoting the key paragraph (Section F-1-e) of Arizona Supreme Court Administrative Order No. 2012-85:
File, record, and arrange for service of legal forms and documents for a person or entity in a legal matter when that person or entity is not represented by an attorney. A certified legal document preparer may not sign any document on behalf of or as an agent or authorized representative of a person or entity.

Basically, document preparation companies like our lien service division, TRADITION NOTICE SERVICES, can no longer sign Arizona Twenty Day Preliminary Notices as “Agents” or “Authorized Agents.” Instead, a signature from an individual employed by the subcontractor company supplying equipment, labor, materials or services for a ARIZONA project must be on the notice.

The December upgrade for PreLien2Lien, V. 16.12.01, to be released by Monday, December 3rd, will have the new capability of having unique electronic signatures be applied to each Arizona Twenty Day Preliminary Notice when it is printed for a company that is profiled in SETUP>COMPANY SETUP.

Thus, you can have a unique “Joe Smith” signature on the AZ Twenty Day Preliminary Notice for JOES PAINTING and a unique “John Jones” signature for JONES CONCRETE on their AZ Twenty Day Preliminary Notice. This will work for both single printing and mass printing of notices.

Normally we would charge $50 per template to have any text or image modifications done, including electronic signature. We will discount this to $25 on a one time change basis per template. So if Joe at JOES PAINTING retires and his son Fred Smith takes over, a $25 charge in the future will need to be paid to put his signature on the template.

Craig R. Altman
President/Founder
TRADITION SOFTWARE, INC.

CA Mechanics Lien requires sending copy BEFORE and AFTER recording

On private construction projects (commercial, residential existing and new) CALIFORNIA Civil Code § 8400 et seq. mandates that Direct Contractors and Subcontractors can record a notarized CALIFORNIA Mechanics Lien up to ninety (90) days after the last day providing equipment, labor, materials or services for a project.

If a CALIFORNIA Notice Of Completion or CALIFORNIA Notice Of Cessation is filed a Subcontractor’s CALIFORNIA Mechanics Lien deadline is shortened to thirty (30) days. A Direct Contractor’s CALIFORNIA Mechanics Lien deadline is shortened to sixty (60) days.

What many lien claimants for construction lien claims in California forget is to send ALL copies of the lien to be recorded PRIOR to recording to the Owner of the property, along with any other legal parties that have a legal interest in the project (Owner, Owner’s representative, Subcontractor you may have been in contract with if you were a Sub-Sub, Direct Contractor, and even the lender or surety).

AFTER the lien is recorded, send the recorded copy again to all legal parties, by USPS certified mail.

Once a CALIFORNIA Mechanic’s Lien is recorded, as Claimant you are required to file suit to foreclose on the lien within ninety (90) days from date the CALIFORNIA Mechanic’s Lien was recorded. This deadline can be extended for up to a total of one (1) year with the consent of all legal parties by filing a CALIFORNIA Notice Of Credit for extension.

Craig R. Altman
President/Founder
TRADITION SOFTWARE, INC.

Recording Liens in Travis County, Texas

Recording Liens in Travis County, Texas:

Travis County is the home of the city of Austin, state capitol of Texas, and Texas has a long history of marching to the beat of its own drummer. So it’s not surprising that the process of recording of Lien Affidavits would have its own nuances. Following are a few of the highlights.

If you are sending regular First Class mail, you would use their P.O. Box (P.O. Box 149325, Austin, TX 78714). However USPS Express or Priority Mail should go directly to their street address (5501 Airport Boulevard, Austin, TX 78751.) These take priority and are recorded the same day received.

Fees are comparable to many other Texas counties: $16.00 for the first page & $3.00 for each additional page. Be sure there is at least a 3″ margin at the bottom of the last page, or an extra fee of $4.00 applies.

There are no requirements for the “legal property description”.

They do not do Conformed Copies, but will send you a Certified Copy for an extra fee of $6.00 for the first page, and $1.00 for each additional page. On the bright side, the entire Lien Affidavit can be viewed and printed from their website within about 3-5 days of recording.

If you would like to have your lien recorded in a matter of hours, Tradition Software can E-FILE your Lien Affidavit for just $25.00 plus the county’s recording fees. Just send us a PDF of your notarized lien and we can submit it for you.

Same day E-FILE of construction liens and releases now available for PreLien2Lien annual subscribers

TRADITION SOFTWARE has begun phasing in same day E-FILE of construction liens and releases across eight hundred (800) plus counties throughout the U.S. With the assistance of Customer Service Mangagers Heidi Ruud or Michael Walker, PreLien2Lien annual subscribers can email their existing PDF of a notarized lien and have it recorded that same day for $25 + that county’s filing fees.

Our first county to successfully E-FILE was Miami-Dade County in Florida. We submitted it through a 3rd party electronic recording service at 11:30AM PST/2:30PM EST. It recorded aproximately three (3) business hours later, at around 5:30AM PST/8:30AM EST the next business day.

We are in a contract and testing phase with four (4) other national electronic recording services in order to expand our E-FILE services to a greater number of counties in the U.S..

The TRADITION SOFTWARE website’s County Recorder pages are being updated to reflect what counties in the U.S. E-FILE is available for. At this point in time, service is not available in California.

Craig R. Altman
President/Founder
TRADITION SOFTWARE, INC.

Recording a Lien in Dallas County, TX

Recording a Lien in Dallas County, TX:

In Texas, the claim of lien document is called a “Lien Affidavit”. The Dallas County Clerk usually records them within 2-3 days of receipt; however Lien Affidavits sent by overnight shipping (e.g. FedEx Overnight) are processed the same day received.

Recording fees are $16.00 for the first page and $4.00 for each additional page. It does not matter whether the pages are Letter size (8-1/2″ x 11″) or Legal size (8-1/2″ x 14″). Be sure to include the street address of the property and the Subdivision, Lot, and Block numbers.

Lien Affidavits can be viewed on their website and the original documents will be returned within 5-7 days of recording. Conformed Copies are free if you include an extra copy of the lien and a self-addressed stamped envelope.

Recording a Mechanic’s Lien in Williams County, ND

Recording a Mechanic’s Lien in Williams County, ND:

The fees for recording a Mechanic’s Lien are $10.00 for the first page and $3.00 for each additional page. Checks are made out to WILLIAMS COUNTY RECORDER. If you would like certified copies please include the fees of $5.00 for the first page and $2.00 for each additional page in conjunction with your self-addressed stamped envelope.

The actual recording takes 1-2 days, but unfortunately the document cannot be viewed on their website for another 4-6 weeks. Your original notice will be mailed back in 5-8 weeks. Please note that Williams County Recorder has a different mailing address from their walk-in address.

Recording a Mechanic’s Lien in Cook County, IL

You will want to make sure that you have your documents correct and ready to file when you record a Mechanic’s Lien in Cook County, IL. The recording time takes 4-6 weeks, and even though they have website viewing and will do conformed copies for free, they both take an additional 4-6 weeks after recording. The fee for recording is $32.00 for the first 4 pages and $1.00 for each additional page. These fees are for standard size paper as they do not accept legal size documents. Checks are made payable to COOK COUNTY RECORDER OF DEEDS. Notice must include the street address of the property and Permanent Index Number (PIN) as well as the complete property discription off county clerk website.

If you are able to go in person between the hours of 8:00AM and 5:00PM they will record on the spot. Their address is 118 North Clark Street, Room 120, Chicago, IL 60602-1304.

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