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Pre Lien Question.

CaliforniaCollectionsPreliminary Notice

Hello, can you help me with something? Before Levelset we utilized another company that is no longer in business and since I am new to the company, there is no way to track on my end. If I provide you with an address are you able to check and see if a pre-lien is on the property? The address is 7826 Camino Tranquilo San Diego, CA 92122. I appreciate it very much!

2 replies

Sep 10, 2019
In California, a preliminary 20-day notice may be filed, but in almost all cases, the notice is merely sent to the required parties. Since in most cases preliminary notices are not filed, there is no location or repository for preliminary notices in which they can be looked up by project. The county recorder's office would not have preliminary notices indexed by property, like for mechanics liens. In order to determine if a preliminary notice was sent a party but either examine their own records, or talk to the GC, property owner, or lender (if any) who would have been required to receive the notice.
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Sep 10, 2019
Thanks so much for the reply. The home owner is refusing payment for the mitigation (first phase) of the project which completed on June 13th. The repairs (second phase) are pending and collecting progress payments has been a struggle. We had to stop the job to collect the last payment and I know once repairs are completed its going to be a battle. Do I have any options at this point to lien? I appreciate your time!
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