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.

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.

A concrete resurfacing company contacted our TRADITION NOTICE SERVICES lien service division regarding a project where they did decorative concrete flooring at a vineyard in Hollister, CA, which is within San Benito County. They had not received the balanced owed on the job.

In California, a construction lien is called a “Claim of Mechanics Lien”. The San Benito Clerk-Recorders Office usually records the lien claims in 1-2 business days. In addition to the street address of the property, the Clerk-Recorders office requires a description of the site, enough to identify the property. It is also helpful to include the Assessor’s Parcel Number (APN). Make checks payable to: SAN BENITO COUNTY CLERK-RECORDER. They accept out-of-state business checks.

Once recorded, information is unavailable on their website. The original Claim of Mechanics Lien will be mailed back within one week after recordation. If requested, a Conforming Copy of the original document will be sent back the next day after recordation. There is $2 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.

Effective March 22, 2013 recording fees are: $15.00 first page, $3.00 each additional page of 8-1/2″ x 11″ paper. $3.00 additional per page of 8-1/2″ x 14″ paper. $7.00 per address for Notice to be sent to Debtor’s (optional service). Be sure to clarify on the cover letter “Do not send to Debtors” if you do not want the service.