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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.

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.

multiplesignaturespl2l

If I choose the “Standard” option, no electronic signature will appear – just a blank line with whomever’s signer name is entered.
standardsignature

If I select “Altman, the electronic signature for Craig Altman will appear on the document.
altmansignature

And finally, if I select “Walker”, the electronic signature for Michael Walker, not Craig Altman will appear on the document.
walkersignature

Cost to add a signature is $50 per notice, per signature. Turn around time is one business day, prepayment required.

Effective November 21st, Arizona Supreme Court no longer allows lien services to act as signing agents on Arizona Twenty Day Preliminary Notices

Arizona Supreme Court Administrative Order No. 2012-85, issued by Chief Justice Rebecca White Berch on November 21, 2012, amends Arizona Code of Judicial Administration 7-208(F)(1) pertaining to a certified legal document preparer “authorized services”. Here is a link to the 2-page decree.

Quoting the key paragraph (Section F-1-e) of Arizona Supreme Court Administrative Order No. 2012-85:
File, record, and arrange for service of legal forms and documents for a person or entity in a legal matter when that person or entity is not represented by an attorney. A certified legal document preparer may not sign any document on behalf of or as an agent or authorized representative of a person or entity.

Basically, document preparation companies like our lien service division, TRADITION NOTICE SERVICES, can no longer sign Arizona Twenty Day Preliminary Notices as “Agents” or “Authorized Agents.” Instead, a signature from an individual employed by the subcontractor company supplying equipment, labor, materials or services for a ARIZONA project must be on the notice.

The December upgrade for PreLien2Lien, V. 16.12.01, to be released by Monday, December 3rd, will have the new capability of having unique electronic signatures be applied to each Arizona Twenty Day Preliminary Notice when it is printed for a company that is profiled in SETUP>COMPANY SETUP.

Thus, you can have a unique “Joe Smith” signature on the AZ Twenty Day Preliminary Notice for JOES PAINTING and a unique “John Jones” signature for JONES CONCRETE on their AZ Twenty Day Preliminary Notice. This will work for both single printing and mass printing of notices.

Normally we would charge $50 per template to have any text or image modifications done, including electronic signature. We will discount this to $25 on a one time change basis per template. So if Joe at JOES PAINTING retires and his son Fred Smith takes over, a $25 charge in the future will need to be paid to put his signature on the template.

Craig R. Altman
President/Founder
TRADITION SOFTWARE, INC.

All CALIFORNIA forms change July 1st. PreLien2Lien v. 16.07.01 available June 29th.

As many people are becoming aware of, CALIFORNIA will have several changes to its construction lien laws effective July 1, 2012. Most of the changes are minor and intended to standardize and simplify the California lien laws into a new subdivisions–Civil Codes §§ 8100-9556.

We have carefully rewritten each notice, updated the corresponding explanations in the Print Menu, and updated custom templates purchased previously by customers who paid the $50 template customization fee.

PreLien2Lien v. 16.07.01 will be available for download from this website on Friday, June 29th. This new version will do a find/replace to update the CALIFORNIA notices for the software. TRADITION SOFTWARE’s Customer Service Department will be calling customers who have custom templates for CALIFORINA to help install any templates that need changes for the new laws.

New California Laws To Go Into Effect On July 1, 2012

The State of California has passed some new laws regarding construction notices. Confusion exists as to the effective date of these new laws. Previous laws relating to verbiage on Mechanic’s Liens went into effect on 1/1/11, so there is a misunderstanding that the new laws went into effect on 1/1/12. They will not start until 7/1/12.

Most of the changes are minor and intended to standardize and simplify the California lien laws into a new subdivision–Civil Codes §§ 8100-8118. Additionally, Code §§ 8120-8138 requires new waiver and release forms to be created/used.

Since we are on top of this, PreLien2Lien will have a free upgrade available to annual subscribers with these changes in June 2012.

Future blog postings will address in detail the additional changes coming up.

New TEXAS Waiver And Release Notices Ready For January 1, 2012

Effective January 1, 2012, pursuant to subchapter L, Chapter 53, TEXAS Property Code, statutory forms are required for any waiver and release of a lien or payment bond claim. An excellent reference for these changes can be found on the TEXAS Construction Association website at the following link: http://www.texcon.org/index.php/resources

The following notices have significant new updates:
-Conditional Waiver And Release Upon Final Payment
-Conditional Waiver And Release Upon Progress Payment
-Unconditional Waiver And Release Upon Final Payment
-Unconditional Waiver And Release Upon Progress Payment

Current customers EAST TEXAS REFRIGERATION and LEHIGH-HANSON gave us external reminders recently about the upcoming change. While we are always working hard to proactively be informed about pending law changes, I always appreciate that our customers expect our software solution to work reliably and be legal so that they can count on it when needed.

The new PreLien2Lien V. 16.01.01, to be released on Friday, December 30th, will have these notices in the software. Word document versions for $12.95 each were uploaded to our online store today.

Use of a Notary for these Waivers is highly suggested. Additionally, use of added language, through dates, special instructions, invoice numbers and other added text is strongly discouraged, as any variation in text will deviate from the statuatory language. While you might not have a problem 99% of the time, the time your added language gets challenged in a lawsuit could make you learn a very difficult lesson. Our opinion is always to keep a document as clean, brief and statuatory as possible. Don’t give someone an opening to challenge you.

Six Year Anniversary For TRADITION SOFTWARE

TRADITION SOFTWARE celebrates its six year anniversary today, April 1st. With the complete overhaul of PreLien2Lien finished along with two new divisions being successfully launched – TraditionInk.com and Tradition Notice Services, much has been accomplished since 2005 by a relatively small group of people.

Our first employees – Valerie Bekefy, Mark Barber, Justin Hussey and Mike Emmons, took giant strides in transitioning the PreLien2Lien customer base from its former owner, SIERRA PHOENIX, to TRADITION SOFTWARE. We moved our Headquarters twice in the first nine (9) months. TraditionInk.com was formed just four (4) months after we incorporated.

A very key addition occurred in 2006 when Miriam Liskin was hired as Software Development Manager. A HARVARD UNIVERSITY graduate with a Master’s Degree from the UNIVERSITY OF CALIFORNIA, she is the author of fifteen (15) books on database programming, along with being a part-time professor, computer magazine contributor and consultant. Miriam’s programming experience has produced major user enhancements for PreLien2Lien, including editable notice templates, Dymo label printing, Tradition forms and online integration with www.MyLienCenter.com.

Current customer support comes from seven hundred (700) plus companies relying on either PreLien2Lien’s lien software solution or TRADITION NOTICE SERVICES’ lien document preparation service. Additionally, our TraditionInk.com division has an online storefront with over fifteen hundred (1,500) ink, toner and postage products available for sale.

Customer Service Managers Alex Canada (TRADITION SOFTWARE), Michael Walker (TRADITION NOTICE SERVICES) Michael Walsh (TraditionInk.com) along with Software Development Manager Miriam Liskin do great work for all our customers on a daily basis. Very few organizations our size have a team that can match their respective educational, personal and professional accomplishments.

Going forward, new challenges remain that we will address with passion. A new online version of PreLien2Lien is being planned. TRADITION NOTICE SERVICES will be launching an automobile lien recording division, www.USAutoLiens.com. A new website, www.USConstructionLawyers.com, will be created as an online directory for attorneys who specialize in construction law.

As for myself, I still create some personal time to coach boys and girls teams in a local youth basketball league. When I can turn the laptop off and the smartphone to vibrate, I enjoy time on the golf course, jogging and camping in the nearby Sierras.

Like most entrepreneuers, TRADITION SOFTWARE is my life. I come to work to every day to make our products and services better. We will continue to aggressively go after new business and our competitors because we offer customers better solutions at a lower cost with superior service. There is no other country in the world that offers the business environment we enjoy for business success.

Experience the Tradition.

CALIFORNIA General Contractors Required To Send Preliminary Notices Starting July 1, 2012

CALIFORNIA SB 189 mandates that General Contractors begin serving Preliminary Notices to construction lenders on private works projects (Commercial, Exisiting Residential, New Residential) starting July 1, 2012.

As part of this change in procedure, a new CA Preliminary Notice will become mandatory for all contractors starting July 1, 2012. The wording “20-day” will no longer be allowed in the notice.

TRADITION SOFTWARE will make available the new Preliminary Notice and explanations for new notice procedures during the first week of June next year.

New Notices For California In 2011

The CALIFORNIA legislature passed revisions to the lien laws in the summer of 2009 that take effect on January 1, 2011. PreLien2Lien V14.12.01, released on December 6, 2011, has these new notices.

To help property owners know right away that a lien on their property has been recorded, a new notice called a NOTICE OF MECHANIC’S LIEN will be required. It will contain a bold 10pt. text heading titled:

NOTICE OF MECHANIC’S LIEN
ATTENTION!

Additionally, to insure delivery of a recorded lien to a property owner, a new notice called a PROOF OF SERVICE AFFIDAVIT will need to be recorded along with the Mechanic’s Lien. It will be a one-page notice that affirms the date, address, and name of the property owner that the Mechanic’s Lien and Notice Of Mechanic’s Lien were delivered to.

This is a required upgrade for all companies doing business in California. There is no charge for the upgrade and no codes required if your Annual Subscription to lease PreLien2Lien is current. In a multi-license site, all PC’s using PreLien2Lien must install this upgrade.

New Subcontractor’s Notice For MISSOURI – Notice Of Rights

A new subcontractor’s notice for the state of MISSOURI was added to PreLien2Lien.

MISSOURI Revised Statutes § 429.016 mandates that on New Residential projects, if an Owner or Builder records a Notice Of Intended Sale at least forty-five (45) days before the closing date of the sale, Subcontractors providing equipment, labor, materials or service must record with the County Recorder’s Office a MISSOURI Notice Of Rights at least five (5) days before the closing date to preserve their right to record a future Mechanic’s Lien for the project.

The required 10 (ten) day warning notice prior to a lien being recorded, the MISSOURI Subcontractor’s Notice Of Claim, is not required if a MISSOURI Notice Of Rights is recorded.

Here is a link to a recent news story in the Columbia Tribune that appeared in the October 7, 2010 edition.

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