The first cross reference is included in the recording fee. For the most current fees and further information, contact the local recorder directly.
On January 1, , California Senate Bill 2, a. The fee will address homelessness and housing shortages, and help to increase the rate of home ownership within the State by creating a Building Homes and Jobs Trust Fund to which the additional fee will be remitted. Transfers subject to the documentary transfer tax as defined in Section of the Revenue and Taxation Code or on any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier are exempt from this fee. If you have any questions about how the Building Homes and Jobs Act affects your recording fees, please speak with a clerk with the Recorder's Office or a licensed attorney within the state.
Original Signature: Requires an original signature s on all instruments, papers, or notices presented for recording except as otherwise provided by law.
An Owner’s Guide to Notices of Completion, Cessation and Non-Responsibility
A certified copy is also acceptable. First Page or Sheet: The first page or sheet of a document must provide space reserved for the recorder.
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If this space is not provided a separate page shall be attached by the person requesting recording which meets these criteria and reflects the title or titles of the document. Standard recording fees will be charged for this page. Document Titles: All documents must have the title or titles of the document contained herein.
Only that title or titles captioned on the first page of a document immediately below the space reserved for the recorder will be indexed. This time to file suit on your lien can be extended beyond this 90 days of the owner agrees to record a Extension before the expiration of the original 90 days.
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And if you allow the lien to expire after 90 days without suing on it becomes invalid , the Owner can file suit against you in Court on a Petition to Release the Property from the Lien, and you may be liable for paying the owners attorney fees and costs if you do not record a release of your expired Mechanics Lien. If your lien has expired, it is thus best to record a lien release voluntarily. If the above deadlines for recording a new lien have not yet expired, you might still be able to record a new Mechanics Lien even if your prior lien has expired or been released, but do not keep recording untimely or invalid liens, as this could subject you to liability or subject you to discipline from the Contractors State License Board.
Once you file suit on the Mechanics Lien, the case may proceed to mediation, Arbitration, trial, or even settlement, and could be joined with other suits of other contractors, subcontractors, or material suppliers on the same job. All liens on a project usually have the same priority and share proportionately in the proceeds from any lien foreclosure sale. In some instances, you may be able to recover your attorney sees in connection with a mechanics lien case. NOTE, the effective July 1, the entire stop notice, payment bond and mechanics lien law and statutory enforcement system has been revised by the Legislature.
Contra Costa County, CA Clerk Recorder
This article does NOT address these changes, so consult a construction attorney re work done or liens to be recorded after that date. This discussion only addresses to contractors lien, not design professional liens or other liens. Please consult a competent construction lawyer for legal advice regarding your specific situation, as each person's situation is unique and the facts of each particular situation may affect or change the legal requirements and outcome of your case, and thus the above discussion does not address all the complexities of lien enforcement.
Also laws frequently are changed by subsequent Legislation or are affected by new Court decisions.
For legal questions on Mechanics Liens and other Construction Law issues on Private and Public construction jobs, or to obtain current construction legal forms, please call George Wolff at , x , or Contact Us via email go to www. Legal Articles. Are you a prime contractor or a subcontractor?
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When in doubt, serve a preliminary notice immediately after shorting work. Step 3: Determine Whether and When "Completion" of the Project or "Cessation of Work" on the Project has Occurred "Completion" of the project occurs typically when the entire project is done, not just when your own work is done or ceased.
Step 4: Determine if the Owner has Recorded a "Notice of Completion" or a "Notice of Cessation" The owner can shorten the above day deadlines for you to record a Mechanics Lien by 30 or 60 days by recording a "Notice of Completion" or "Notice of Cessation" with the County Recorder within 10 days of when those events occurred.
Step 5: Record Your Mechanics Lien Within the time periods described above-which refer to calendar days , and not to working days or business days, you must record your lien with the county recorder where your work the property is located starting in you must also previously have served a copy of the lien by Certified Mail RRR or by Registered Mail - before recording it — on the owner of the property, and provide proof of service to the County Recorder.
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