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California Prelim, Mechanic's lien question

CaliforniaMechanics LienPreliminary Notice

Hi, a preliminary notice was sent to an old property owner address last year after Levelset research but last month, a NOI to lien was sent to a new property owner address after Levelset research. So I called the property owner and they said they moved to the new address 3 years ago. So my question is, if I file the mechanic's lien for the new address, will the mechanic's lien still be valid even the prelim was sent to the old address in 2019 when the property owner moved to the new address 3 years ago? If you have any suggestions or advice when filing mechanic's lien in this case, please let me know. Thank you.

1 reply

Jun 12, 2020
Per civil code section 8108 Preliminary notice shall be given to an owner "at a person's residence, the person's place of business, or ...  the owner's address shown on the direct contract, the building permit, or a construction trust deed. So whether or not the preliminary notice was effective depends on if this old address was listed on any of the above referenced documents or if the address was still in use by the owner at the time. You may have one additional out. If you can demonstrate that the owner had actual knowledge of your work, you may be able to argue that preliminary notice was not needed. The bottom line is that as long as you have a good faith belief that your preliminary notice was valid and/or that the owner had actual knowledge of your work, you can move ahead with a lien. But if you are still not paid, and ultimately need to file an action to foreclose the lien, you may want to do additional research regarding the address to which preliminary notice was sent and regarding any documentation that would demonstrate the owner's actual knowledge of your work, to evaluate whether or not there is a risk that your lien could be rendered invalid. If you require legal assistance feel free to contact me for a free consultation. To schedule email me at ryan@huntortmann.com.
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