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Is it mandatory and required to record the 20 day pre lien notice that we sent certified mail to owner in San Mateo County CA ?

Redwood City, CA |

We are a subcontractor working for GC's all the time. We serve 20 day liens to the owner, contractor... Just recently our county recorder increased the recording fee from $34 to $84 for each recording!!! So I was wondering what will happen if we didn't record the 20 day lien's at the county any more? Will that void our 20 day pre lien notice that we send certified mail to the owner and jeopardize our mechanic's lien rights?

Attorney Answers 3

Posted

No, it is NOT a legal requirement that you record a preliminary notice. It will not affect the validity of the preliminary notice if you don't record it. The advantage to recording a preliminary notice is that the Recorder's Office is supposed to send a copy of the Notice of Completion to everyone who records a preliminary notice when the job is over. The Notice of Completion starts the clock ticking for mechanic's lien and stop notice and payment bond rights. However, some counties are better than others at sending these out and you are still bound to follow the same time limitations even if they don't send it to you. You don't often find Notices of Completion on private residential jobs. They're more often found on public jobs. The bottom line is that the vast majority of preliminary notices are NOT recorded.

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Asker

Posted

Thank you Cathleen. It looks like your practice is at George Corey's building? Good to know that your specialty is in construction :) Thanks again.

Cathleen M Curl

Cathleen M Curl

Posted

Happy to help. Yes, I'm in George Corey's building.

Posted

You do not need to record the preliminary notice.

This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.

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Posted

No you do not need to record the 20-day per lien notice, but it must be served on the owner and general contractor by certified mail, as your lien rights arise based on the date it was properly served.

This is NOT legal advice, just a general discussion of the law, as we are not familiar with the specific documents and facts of your case, etc. Please consult with a competent attorney in this area of the law for specific legal advice regarding your particular case, as the advice may vary depending on the facts.

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