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Must use a Process Server to serve the required MISSOURI Notice Of Intent To File Mechanic’s Lien Statement

MISSOURI is one of a handful of states that require a warning notice be delivered to an Owner as a prerequisite to recording a construction lien. To make things more complicated, with an added cost, MISSOURI Revised Statutes § 429-100 states that “Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days’ notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due. Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness. When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.”

To translate this – draft up your MISSOURI Notice of Intent to File Mechanic’s Lien Statement using PreLien2Lien or contract with TRADITION NOTICE SERVICES. If your project was in or around St. Louis, and you are handling this yourself, contact a reputable Process Server company like PRO SERVE at (314) 961-2222. For $60, they will serve your notice on the Owner, and make sure that you are in compliance with the MISSOURI Revised Statutes § 429-100.

One other issue to remember for MISSOURI is that while you have 6 months to record a Mechanic’s Lien Statement with a required 10 day warning notice, it is NOT 6 months PLUS 10 days. The entire lien process is limited to 6 months from the LAST date equipment, labor, materials or services are furnished for a project. Our conservative opinion is always to be proactive and send the warning notice at some point after 90 days but before the fifth month. Negotiated settlements or business disputes can cause enough of a delay to put you right up against the 6 month deadline to record a Mechanic’s Lien Statement.

Recording a CA Mechanics Lien in Sacramento County

After a major Sacramento area storm, a General Contractor completed a roof replacement on a commercial building in Sacramento County. The property owners decided they do not want to pay for it, so they decided to record a construction lien against the property.

Michael Walker from TRADITION LIEN SERVICE decided to record the CA Mechanics Lien for this General Contractor in person at the Sacramento Clerk/Recorders office since it’s fairly close to our headquarters. He was in and out of the building in less than five minutes.

Recording fees are $18.00 for the first page and $3.00 for each additional page. If the pages are Legal size (8-1/2” x 14”), add an additional $3.00 fee per page. In addition to the street address of the property, you must include an identifying cross reference, like APN (Assessor’s Parcel Number) or the complete legal description from the deed.

The Clerk’s Office will keep the original copy of the lien for about two weeks before they return it to you. We suggest if you are recording in person you take a copy of the lien and they will add their “Conformed Copy” sticker to it with the recording information.

If you are mailing in your Mechanics Lien, you still should request a conformed copy. Be sure to include self-addressed stamped envelope for the conformed copy. They do not need a self-addressed stamped envelope for the original copy to be returned, as that is included in the recording fees.

Once a CALIFORNIA Mechanics Lien is recorded, as Claimant you are required to file suit to foreclose on the lien within ninety (90) days from date the CALIFORNIA Mechanics 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.

Recording a VIRGINIA Memorandum For Mechanic’s Lien Claim in Virginia Beach, VA

A General Contractor contacted our TRADITION NOTICE SERVICES lien service division regarding a project where they completed water damage repair on a vacation home in Virginia Beach, VA. They had not received the balanced owed on the job, and the homeowner is not returning the contractor’s calls.

While there are dozens of counties in Virginia, the City of Virginia Beach is its own public entity – they are not in any of the counties. Virigina construction liens are recorded by the City of Virginia Beach Clerk of the Circuit Court.

In Virginia, a construction lien is called a “Memorandum for Mechanic’s Lien”. The Virginia Beach Clerk’s Office usually records the lien claims the same day they are received. In addition to the street address of the property, the Clerk’s Office requires the “GPIN” (GIS Parcel Identification Number) which is the same as the property’s Tax ID Number. Once recorded, the original copy of the lien claim is usually returned the next business day, so there is no need for a Conformed Copy of the recorded lien.

Recording fees are a flat $21.00 for any number of pages. It does not matter whether the pages are Letter size (8-1/2” x 11”) or Legal size (8-1/2” x 14”).

Recorded liens can be viewed on their City Of Virginia Beach Clerk of the Circuit Court website through a paid subscription to their website.

Same day Electronic Filing of construction liens in Virginia Beach is available through TRADITION NOTICE SERVICES.