The Preliminary Notice of Right to Lien that was mailed to the Owner was returned as \\\"Unclaimed\\\". Are our lien rights still in place?

4 months ago

Not sure what I’m supposed to write here. I have asked my question above.

Chief Legal Officer Levelset

In Nevada, a preliminary Notice of Right to Lien is considered delivered when sent by certified mail (if sent by certified mail), or when personal service occurs (if notice served personally).<br><br>

If the mail was actually sent to the property owner’s address, the fact that is was unclaimed is inconsequential to lien rights, absent some specific requirement for actual receipt. Nevada does not have an “actual receipt” requirement, so sending the notice is sufficient. The law cannot require you to force someone to accept a mail piece. Preliminary notice obligations are to send the notice to the required party(ies) at an appropriate and correct address(es). Once that has occurred (and can be proved) the obligation has been met. If the recipient refuses or does not claim the mail piece, it doesn’t have any effect on mechanics lien rights, which will remain intact.<br><br>

While best practice may be to re-send the notice via first class mail, so there is no ability to refuse it, this is not a statutory requirement.

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