California Mechanic’s Lien–Verification

 In Mechanic's Lien Tip Of The Day, Mechanic’s Lien Law Updates and News

All mechanic’s liens have certain content requirements to be valid. A California mechanics lien is no different. Except that California is unique as to all other states in one respect. All states will require that the mechanic’s lien itself be both verified and signed in front of a notary. California is the only state that does not require a notary. A notary is only required for the release of a California mechanic’s lien.

On the other hand, there must be a declaration under penalty of perjury that the information given in the mechanics lien is true and accurate. And fortunately, anyone in the office can sign the mechanic’s lien and it does not have to be executed by the owner of the property. This literally means anyone in the staff of the office can sign.

But make sure when giving this to someone to sign, that they are fully aware of the account and can accurately state the amount due. Many times incomplete information is given to the staff member and without further verification, they simply insert a wrong amount that is due.

As with most States, the amount of mechanic’s lien is the principal only, and not interest or attorney’s fees. This is to be added later if you go to trial and receive a judgment.

Make sure you also have the person’s name printed under the signature block so the recorder can see exactly who is the one who signed.

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