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.
