How to file a lien in California | Step 2: Serving & recording the lien

Watch this video to avoid common pitfalls when recording your lien in California, or file one stress-free with Levelset at https://www.levelset.com/mechanics-lien/

00:00 - How to file a lien part 2
02:22 - When should I file my California Mechanics Lien?
03:29 - Which California County Office should I go to to file my Mechanics Lien?
04:12 - What should I bring or deliver to the California County when I file my Mechanics Lien?
05:35 - What is the best practice of filing Mechanics Liens in California?
06:57 - What should I do after I file my California Mechanics Lien?

#MechanicsLien #California #Contractor

If you’ve properly filled out your California Mechanics Lien form, you’re ready to serve and record your lien. The California mechanics lien law requires you to deliver a copy of your mechanics lien to the property owner. As a matter of fact, you must send it out for delivery by US Regular Certified Mail before filing your lien, and attach proof of that delivery with the lien you’re filing. What’s important and required is that you keep a record of your mailing, and that you prepare and sign an “Affidavit of Delivery.” The “Affidavit of Delivery” is simply a document stating and swearing that you did in fact mail a copy of the prepared mechanic’s lien to the property owner, identifying the date it was sent, and identifying the manner it was sent, for example, by Certified Mail.
Once you put the Affidavit of Delivery in the mail, you’re ready to move forward to step 3: Filing your California Mechanics Lien with the county recording office.

-When should I file my California Mechanics Lien? (2:22)
California has strict Mechanics Lien deadlines. The time you have to file a California Mechanics Lien depends on whether or not you’re a general contractor, and whether or not a “Notice of Completion” or Cessation has been filed on the job.
Deadline For General Contractors is 90 Days if there isn’t a notice of completion filed. 60 Days if one is filed. Deadline for Subs & Suppliers is 90 Days if there isn’t a notice of completion filed. 30 Days if one is filed.
The California Mechanics Lien deadlines are calculated from the end and substantial completion of the entire job, if the 90 day deadline is used, or from the filing of the notice of completion for the 30 or 60 day deadlines.

-Which California County Office should I go to to file my Mechanics Lien? (3:29)
Generally speaking, you need to file your California Mechanics Lien in the county “Recorder’s Office” in the county where the property being liened is located. If you have any questions, simply go to https://www.levelset.com/blog/how-to-... to see a list of all the California county recording offices that file Mechanics Lien claims.

-What should I bring or deliver to the California County when I file my Mechanics Lien? (4:12)
You should follow these instructions to avoid making multiple trips or sending multiple mailings back and forth.
1. Send 2 Original Copies of your Lien & Affidavit of Delivery. One copy is for the recorder to keep and record. The second copy is for the recorder to return to you.
2. Bring multiple blank checks. You can calculate your filing fees beforehand, but you shouldn’t be too confident; something always comes up! Bring blank checks so you can make the check out there on the spot.

-What is the best practice of filing Mechanics Liens in California? (5:35)
Filing Mechanics Liens electronically in California is restricted only possible when going through a qualified third party who has an account with the county offices. Accordingly, if you want to file the Mechanics Lien yourself, your options are either delivering it by mail or in-person. You should always try to get your California Mechanics Lien filed in person whenever possible. Filing in person lets you address any potential issues in real time, helps avoid delays related to rejections and misunderstandings, and gets the recording done instantly without dealing with a backlog.

-What should I do after I file my California Mechanics Lien? (6:57)
A California mechanics lien only stays effective for 90 days from the date on which it was recorded. After this 90-day period, if the lien isn’t enforced or extended, it will become void and unenforceable.
You’ll want to take one of the three actions by the time your 90-day deadline is approaching:
A. Extend Your California Mechanics Lien
B. Foreclose on the Lien / Enforce Your Lien
C. Release (or cancel) the lien