Does a California Mechanic’s Lien Have to be Notarized?

 In Mechanic’s Lien Law Updates and News

The simple answer is no. For decades, the law requires only that the California mechanic’s lien be verified, which is similar to signing under penalty of perjury. In other words, a California recitation verifying the truth of the statements contained therein. However California mechanics lien law does not require a notary seal. Thus, the applicable California statute reads:

Civil Code 8416 (b) A claim of mechanics lien in otherwise proper form, verified and containing the information required in subdivision (a), shall be accepted by the recorder for recording and shall be deemed duly recorded without acknowledgment.

So what exactly is a verification for a mechanics lien in California? An example would be:

VERIFICATION

I, the undersigned, say: I am authorized, as a managing employee, principal, or owner of/for the claimant of the foregoing Mechanics Lien; I have read said Mechanic’s Lien and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________, at ______________________, California

_____________________________________
(Signature and Title)

Remember, it is different for a release of lien. This cannot be recorded without
a California notarization.

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