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How to Reorder Pages Mechanic'S Lien

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hi my name is Mike Stewart and Im a construction lawyer to tack law this short video is about builders liens for contractors Im making this video because Builders liens are difficult to understand but they are a very powerful tool for contractors to use to secure their payment the builders liens come from the builders lien Act the Act sets out who can file a lien on a property depending on what work was done a contractor generally under almost all cases is able to file a lien on a property what that lien does is it allows that contractor to put a charge on the title of the property so that dealing with the property by the owner is prevented in the future for example if the owner is financing the build with bank loans the bank will see that lien on the title and tell the owner to have it removed what that often encourages the owner to do is to pay out the amount of the lien to the contractor or to pay out the holdback thus in that case the contractor would get their money back under

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What is Section 8470 Civil Code?

8470. In an action to enforce a lien for work provided to a contractor: (a) The contractor shall defend the action at the contractors own expense. During the pendency of the action the owner may withhold from the direct contractor the amount of the lien claim.

How do I file a mechanics lien in CA?

Information to include on a California Mechanics Lien Form The lien claim amount. Name of the property owner. Description of the work or materials you provided. Your hiring partys information. Property description. Identify yourself (name address) Include the warning statement. Sign verify your California lien claim.

What is CA Civil Code 8120 8130 8400 ET SEQ?

(CA Civil Code 8120-8130, 8400 et seq.) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

What is Cal Civil Code 8480?

California Civil Code Sections 8480 and 8488 make it clear that if a lien claimant has not perfected the lien by filing suit within 90 days, the owner is entitled to file an action and receive reasonable attorneys fees against the lien claimant.

What is Section 8460 civil code?

Civil Code 8460.) For real property owners, this means that if after 90 days, the contractor has not commenced action to enforce the lien, the owner may petition the court for an order to release the property from the lien.

What is CA Civil Code section 8416?

California Civil Code section 8416 Failure to serve the Mechanics Lien and Notice of Mechanics Lien on the owner, or alternatively if the owner cannot be served on the lender or direct contractor, shall cause the Mechanics Lien to be unenforceable as a matter of law (Civil Code Section 8024(d)).

What is California Civil Code 8410?

Sec. 8410. A claimant may enforce a lien only if the claimant has given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200) and made proof of notice.

What is the primary function of a mechanics lien?

A mechanics lien is a hold against your property, filed by an unpaid contractor, subcontractor, laborer, or material supplier, and is recorded with the county recorders office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation.

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