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What do I do if my lien has the wrong address printed for the tenant (our customer)?

CaliforniaMechanics Lien

We created a lien and it's been sent to the recorder. We were hired by the tenant, but the address entered for the tenant's address was incorrect (a typo in the street number and zip). We're not able to get the county to return the lien to us; they're taking 6-8 weeks to record. What considerations and consequences should be made with regard to the incorrect customer/tenant address? Would we need to file an amendment? If so, should we send an amendment now or after we know the lien has been filed by the county? To be clear, the project address is correct on the mechanics lien. The project address is the correct address for the tenant. Thank you.

3 replies

May 21, 2020
Assuming the lien identifies the correct address of the property improved and it was served on the owner at the owner's correct address prior to recordation, an amended lien that correctly identifies the the person's address who hired you may be fine. Better yet, so long as your time to record a lien has not expired, serve and record a new, with all the correct information, and you can later release the incorrect lien. Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
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May 21, 2020
Are you within the time period to file the lien if you have to do it again?
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May 21, 2020
You should record a new Lien entitled “Amended Lien” right away. You should also include the property owner’s name and address, not just the tenant’s. Don’t forget that you must file a lawsuit to foreclose the lien within 90 days of the lien recording date. I would use the date of the first lien. I do a lot of liens and am happy to answer any questions you have.
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