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Recording a CALIFORNIA Mechanics Lien in Alameda County

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, ventng 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 NOTICE SERVICES division to record construction liens against the respective property owners.

A lien notice to be record in Alameda County 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 $15.00 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 recordation. A Conforming Copy of the original document can be sent in 5-10 business days after recordation. 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 timeframes are the same when recording a CALIFORNIA Release Of Mechanics Lien.

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 NOTICE SERVICES division recently recorded a CALIFORNIA Mechanics Lien with the Solano County Assessor/Recorder on behalf of the General Contractor.

A CALFIORNIA 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 additonal 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.

Recording a MISSISSIPPI Claim Of Lien in Hinds County

Recording construction liens in MISSISSIPPI is reserved exclusively for General Contractors, meaning you MUST be in direct contract WITH the Property Owner, or an Owner’s Agent or Representative in order to record a Claim Of Lien against the property.

On private Commercial/Existing Residential/New Residential projects General/Prime contractors have up to twelve (12) months after the invoice due date to record a MISSISSIPPI Claim Of Lien. Recently our TRADITION NOTICE SERVICES division was approached by a TEXAS based residential roofing company that was owed money on two projects within Hinds County, MS.

Claim Of Liens are recorded in the county where the construction related improvement is located with a Chancery Clerk, the county Auditor/Treasurer/Clerk of the Chancery Court. A notice must include the street address of the property. It is also helpful to include the Assessor’s Parcel Number (APN).

Fees are 11.00 total first fifteen (15) pages, $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. 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 recordation.

The same details above apply to recording a Release Of Claim Of Lien in Hinds County.

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.

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.

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.