A concrete resurfacing company contacted our TRADITION 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 recording. If requested, a conforming copy of the original document will be sent back the next day after recording. 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.
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.