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New CALIFORNIA Notary Acknowledgement and Jurat Forms On January 1, 2015

Effective January 1, 2015, pursuant to Senate Bill 1050, all CALIFORNIA county Recorder’s Offices will require the Notary Consumer Disclosure. This bill requires a legible notice at the top in an enclosed box, stating that the Acknowledgment, or or Jurat verifies only the identity of the individual who signed the document to which the acknowledgment, or jurat is attached, and not the truthfulness, accuracy, or validity of the document.

new2015CAAcknowledgement

Documents such as a Mechanics Lien or Release of Mechanics Lien where the person appeared before a notary or other officer on or after January 1, 2015 must have this disclosure or will be rejected. Documents acknowledged before January 1, 2015 will be accepted for recording and must meet current applicable statue.

PreLien2Lien will have this new notary text change incorporated into the 18.12.01 version, slated to be released after Thanksgiving.

Recording a OR Claim Of Construction Lien in Umatilla County

Sometimes out of principal you need to record a construction lien even if the amount owed is very small. As long as it is with each state’s respective statutory deadline to record (or file a lawsuit in court for states like HAWAII, MARYLAND and NEW JERSEY), it is a contractor’s or materialman’s right to do so for a construction related improvement on private property.

An OREGON General Contractor was owed just $600 for some simple improvements made to a small seventy-five (75) year old farmhouse. The owner felt that if she did not pay off the balance, the General Contractor would simply go away. So the General Contractor contacted our TRADITION LIEN SERVICE division to record a OR Claim Of Construction Lien in Umatilla County, located in rural eastern OREGON, against the property.

Umatilla County is not setup with an online service for document recording, so a Construction Lien must be mailed or recorded in person. Fees are $36 for the first page, and $5 for each additional page. Turn around time is one week if the lien is mailed in. A copy of the recorded lien will be sent back to you. It is not available to view online.

Contacting the Umatilla Office Of County Records is advisable to either get access or confirm you have a sufficient legal property description

San Bernardino County in CALIFORNIA raises rates for recording

First page fees for recording Mechanic’s Liens and releasing those liens later in San Bernardino County in CALIFORNIA were increased on September 1, 2014.

Cost now for the first page is $25, an increase from the earlier cost of $18.

Each additional page cost remained at $3 per page. Additionally, the conformed copy cost will remain at $6, with a self-addressed stamped envelope to be included.

Multiple electronic signatures now an option on notices

With the new to PreLien2Lien August 18.08.01 upgrade co-authored by Craig Altman and Miriam Liskin, company sites can now have multiple electronic signatures to print from on all notices in PreLien2Lien.

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If I choose the “Standard” option, no electronic signature will appear – just a blank line with whomever’s signer name is entered.
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If I select “Altman, the electronic signature for Craig Altman will appear on the document.
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And finally, if I select “Walker”, the electronic signature for Michael Walker, not Craig Altman will appear on the document.
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Cost to add a signature is $50 per notice, per signature. Turn around time is one business day, prepayment required.

Customer Spotlight: GREENFIELDS OUTDOOR FITNESS

GREENFIELDS OUTDOOR FITNESS, Santa Ana, CA, is a leading provider of outdoor fitness equipment to parks, schools, senior centers, greenspaces, colleges and universities, and the U.S. military. Their core line of outdoor gym equipment employs the body’s mass for resistance and can be enjoyed by all ages, regardless of the user’s fitness level.

GREENFIELDS has been a TRADITION SOFTWARE PreLien2Lien-One State customer since 2012 for notices to print in CALIFORNIA. In 2013 they began using our TRADITION LIEN SERVICE division to prepare their notices outside of CALIFORNIA.

I was playing some basketball at a new park built near my new house when I glanced at the playground area that was adjacent to the basketball courts and saw their fitness equipment.

Greenfieldsphoto

This photo was taken at Robert “Bob” Mahan Park in the Westpark area of west Roseville.

New MISSISSIPPI notices with May 2014 PreLien2Lien upgrade

The state of MISSISSIPPI enacted new lien laws on April 11, 2014. Effective immediately, Subcontractors, Sub-Contractors and Material Suppliers who were unjustly denied construction lien rights in the past were finally awarded those rights like those that General Contractors in the state and contractors of all types in the other 49 states and the District Of Columbia were awarded previously.

Totally new for all contractors MISSISSIPPI Code § 85-7-409 (3) requires on single family construction a Pre-Lien Notice To Owner be sent by a lien claimant to the Owner ten (10) days in advance of recording a MISSISSIPPI Claim Of Lien.

Totally new lien waivers, copied almost word for word using the state of GEORGIA’s statutory lien waivers, take the place of the traditional Conditional Final or Progress and Unconditional Final or Progress waivers. MISSISSIPPI Code § 85-7-433 (1) mandates that a Interim Waiver And Release Upon Payment be used when a partial payment – not the final payment – is promised, or more preferably, received and deposited. If a Claim Of Lien is to be filed later, lien rights can only be for equipment, labor, materials or services provided after the date specified on an Interim Waiver And Release Upon Payment.

MISSISSIPPI Code § 85-7-433 (2) mandates that a Waiver And Release Upon Final Payment be used when a final payment is promised, or more preferably, received and deposited.

Finally, MISSISSIPPI Code § 85-7-419 mandates that a Affidavit Of Nonpayment be used within sixty (60) days of executing the Waiver And Release Upon Final Payment when a final payment is promised but not received, or a check received bounces. A Affidavit Of Nonpayment needs to be filed with the Clerk in the county where the project is located.

PreLien2Lien V.18.05.01 incorporates these new notices.

Recording a CA Mechanics Lien in Placer County

UPDATED April 25, 2020

Once in a while I like to record or release in person a CALIFORNIA Mechanics Lien at one of the local Northern California county recorder offices. This allows me to watch what a clerk’s representative looks for in a recorded document.

So last week I started my morning by visiting the Placer County Clerk-Recorder-Registrar in Auburn, at the county government complex of Highway 49 and Richardson Drive. Our TRADITION LIEN SERVICE customer, a concrete foundation contractor in Reno, NV, was paying for a release on CA Mechanics Lien that was recorded the previous week against homeowners who were building a luxury vacation home in the Lake Tahoe area. The day the Certified Mail CA Mechanics Lien was received by the Owner, the GC suddenly produced a Cashiers Check to pay the outstanding invoices. Now that is quick results.

The Clerk-Recorder-Registrar’s office in Auburn, CA is open from 8:00am to 4:00pm and does not close for lunch. They have a separate line for recording. The Recorder will not give your Original back to you at time of recording, so either bring a conforming copy which they will stamp for free or be ready to pay $4.00 for a 3-page copy. The Original will be mailed back to you in 3-6 weeks.

Cost is $89.00 for the first page and $3.00 for each additional page. Checks are made payable to PLACER COUNTY RECORDER. They do accept business checks. They are also NOT charging the $10.00 Real Estate Fraud Prosecution Trust Fund Fee that many California counties are now adding to recording fees.

The interesting thing I witnessed was the clerk’s representative looking for the word “CLAIMANT” alongside our customer’s company name near the signature line. This is NOT in any way required legally in any other California counties, as I politely reminded the clerk. He agreed, but it serves as a warning that a county clerk employee can reject a notice to be recorded for both legitimate reasons and arbitrary, incorrect logic.

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.

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