Have a lien and foreclosure action pending against me. The subcontractor did not send a prelien notice to the financer of the project. Is this a violation of California law and does it affect the mechanics lien?
3 replies
Jun 8, 2022
Depends upon if the subcontractor was aware of the financer. If the foreclosure action was already filed, you need to contact an attorney. If not yet filed, the subcontractor only has 90 days from filing of the lien to file the foreclosure action or file the release.
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Jun 9, 2022
Civil Code Section 8200 says:
“(a) Except as otherwise provided by statute, before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond, a claimant shall give preliminary notice to the following persons:
(1) The owner or reputed owner.
(2) The direct contractor or reputed direct contractor to which the claimant provides work, either directly or through one or more subcontractors.
(3) The construction lender or reputed construction lender, if any.”
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Jun 9, 2022
If they know of the name of the lender they must serve it, but not otherwise.