Mechanics Liens Delay in Recording Due to COVID-19
The onset of COVID-19 has had a number of effects on our daily lives. There are also repercussions as to the filing or recording of a mechanic’s lien in the recorder’s office.
Before the pandemic, recording of a mechanic’s lien was a relatively easy process. Going in person, one simply went to the counter, handed over your documents, paid the recording fee, and received back a file-endorsed copy. Recording would be instant along with the book and page as well as instrument number.
Alternatively you could mail in the mechanic’s lien with the fee and a self-addressed return envelope. Essentially the same process for recording the mechanic’s lien would take place.
Now, because of short staff at the clerk’s office, the actual recording stamp is not immediately placed on the document. But do not despair: there is typically a way to confirm the date in which the recorder received the document. And this is very important for purposes of the statute of limitations. As is well known, there is only a limited period of time in which to file a mechanic’s lien after furnishing the last labor materials.
Typically what happens now, is the mechanic’s liens and other documents are placed in large stacks and immediately receive a stamped on them. Then after a few days, or even weeks, the actual recording occurs. That recording date will then reflect the initial receipt date. So as mentioned above, that would preserve the filing within the statute of limitations.