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Recording a CALIFORNIA Mechanics Lien in Alameda County

UPDATED April 26, 2020

Alameda County is in the East Bay region of the greater San Francisco Bay Area. It’s largest city is Oakland, with nearby Berkeley, home to the University of California, Berkeley.

Recently a small family HVAC (heating, venting and air conditioning) business did work at two (2) local Oakland residences and was promised payment upon completion of the work. Payment did not occur so the company contacted our TRADITION LIEN SERVICE division to record construction liens against the respective property owners.

A lien notice to be record with Alameda County Recorder must include the street address of the property. It is also helpful to include the Assessor’s Parcel Number (APN), along with a legal property description.

Fees include a MANDATORY $10.00 Real Estate Fraud Prosecution Trust Fund Fee PLUS $89.00 first page, $3.00 each additional page of 8-1/2″ x 11″ paper.

Actual recording time is one (1) week. You can view information on their website the same day a notice is recorded, indexing information only. An original document will be mailed back four (4) weeks after recording. A conforming copy of the original document can be sent in 5-10 business days after recording. There is no extra fee if you include an additional copy of the notice and an additional self addressed stamped envelope. Indicate that you are requesting a conforming copy.

The fees and time frames are the same when recording a CALIFORNIA Release Of Mechanics Lien.

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 CALIFORNIA Mechanics Lien in Solano County

Solano County is located halfway between San Francisco and Sacramento, disected by Interstate 80. Recently a Fairfield, CA based General Contractor did insurance restoration at a personal residence and was not paid for labor and materials provided. Our TRADITION LIEN SERVICE division recently recorded a CALIFORNIA Mechanics Lien with the Solano County Assessor/Recorder on behalf of the General Contractor.

A CALIFORNIA Mechanics Lien to be recorded needs to include a for a legal description the property address & Assessor’s Parcel Number (APN).

Fees to record a lien are $13 for 1st page. $3 each additional page. (8-1/2″ x 11″). For legal size documents add $3 additional per page for 8-1/2″ x 14″. If you want them to mail the debtor a copy of the recorded lien, it is $7 for each debtor for recorded copy of lien to be mailed. (Husband & Wife are considered as two debtors.) Make checks payable to: SOLANO COUNTY RECORDER. Conforming copy can be requested at no additional charge. Send one extra copy of the Notice and one extra self addressed stamped envelope.

Turn around times for a lien to be recorded is one (1) business day. Notices are sent to Debtors the the same day as recorded. A Conforming copy will be sent the same day as recorded. The original lien notice will be returned within 8-10 weeks. Limited information about recorded liens is available on their website.

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 MISSISSIPPI Claim On Lien in Hinds County

Updated 4/29/2020:

Our TRADITION LIEN SERVICE division was approached by a TEXAS based residential roofing company that was owed money on two projects within Hinds County, MS. According to Wikipedia, Hinds County is named for General Thomas Hinds, a hero of the Battle of New Orleans during the War of 1812.

On private commercial, existing residential and new residential projects MISSISSIPPI Code Annotated § 85-7-403 mandates that a Claim Of Lien can be filed only by the Prime/General Contractor or Subcontractor. It should be recorded with the Chancery Clerk in the county in which the project is located. It must be recorded no later than ninety (90) days after the last day of providing equipment, labor, materials or services for the improvement of a project.

Fees to record or release a lien with the Hinds County Chancery Clerk are 26.00 for the first five (5) pages and $1.00 each additional page of 8-1/2″ x 11″ paper. Make checks payable to: HINDS COUNTY CHANCERY CLERK. Out-of-state business checks are accepted. Include a Self Addressed Stamped Envelope. A notice must include the street address of the property. It is also helpful to include the Assessor’s Parcel Number (APN). Conforming copies are not accepted or processed.

Actual Recording is fast, just one (1) business day. You can view information on their website the same day a lien is recorded. Original documents are mailed back with one (1) week after recording.

A lawsuit (Payment Action) must be filed within 180 days from the date of the recording of the lien.

MISSISSIPPI court ruling takes away all lien rights from Subcontractors

MISSISSIPPI has always been one of the worst states in the U.S. for subcontractors to do business in. A recent ruling on October 10, 2013 by the United States Court of Appeals for the Fifth Circuit only made things go from worse to horrible. Previously, Subcontractors on construction improvements could not file a a contruction lien IF they were not in direct contract with the Owner. A partial work around that was highly employed to help force payment was use of the Stop Notice. By instructing the Owner to withhold funds from the General Contractor until the GC paid an invoice(s) in full, Subcontractors at least had a reasonable chance for a solvent General Contractor to realize slow or non payment would not be tolerated by a Subcontractor.

The court ruling (Noatex Corporation v. King Construction of Houston, LLC, 2013 U.S. App. LEXIS 20656 (5th Circuit, October 10, 2013) in effect made use of a Stop Notice “illegal.” The argument was successfully made by the General Contractor that a Subscontractor sending an Owner a Stop Notice is “an unconstitutional violation of procedural due process.” Never mind the fact then that a GC then has all the rights to lien, but the poor supplier or tradesman providing labor or materials thus has NO rights.

What to do in the short term? Easy to say, hard to implement, but aggresive pre-payment terms in combination with attempting to get a contract with an Owner are the only options unless you simply walk away from business. Hopefully lobbyist for MISSISSSIPPI subcontractors will get the upper hand and get the law corrected with not only a Stop Notice being an option again but also the new creation of lien rights for MISSISSIPPI subcontractors.

PreLien2Lien adds USPS address verification

A major new feature was added to PreLien2Lien with the November 2013 upgrade release available from the DOWNLOADS section at www.TraditionSoftware.com.

An easy to use USPS address verification button was added to the PROJECT, CUSTOMER, OWNER, GENERAL, SURETY/LENDER and OTHER LEGAL PARTY tabs.
USPSStandarizedAddress

Users can now confirm that an address is registered with the U.S. Postal Service for delivery of mail. If an address is correct, you can choose to use an ALL CAPS version from the USPS website, convert the result to Proper Case, or leave the address as it was originally entered.
USPSStandarizedAddress

Address verification is extremely important in the lien process. The number 3 that looks like an 8 in a salesperson’s order for building materials could make a last minute 1st notice in advance of a lien invalid as the non existent property address is used. Having mail returned that was orginally sent to a project’s Customer, Owner, General Contractor or Surety/Lender not only is a waste of money, but also could invalidate a future lien claim depending on a state’s laws.

This new feature was the result of some great work by Miriam Liskin, Software Development Manager, and an ongoing business relationship with the U.S. Postal Service. Previously TRADITION SOFTWARE worked with the USPS for the creation of our 11″ x 14″ certfied mail Tradition Forms along with certified mail tracking through use of the TRACK CERTIFIED MAIL button.

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