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The document outlines the statutory mechanics lien waiver and release forms in California, detailing four types: conditional and unconditional waivers for both progress and final payments. It emphasizes that only specific statutory forms are valid for waiving mechanics lien rights, and highlights the importance of careful execution to avoid unintended releases of claims. The document also notes recent changes effective July 1, 2012, requiring new forms and warns against relying on outdated documents. Legal advice is recommended for specific situations.

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Does a release of lien need to be notarized in California?

Are California lien waivers required to be notarized? No, there is nothing in the California law that suggests that lien waivers must be notarized in order to be deemed valid and enforceable.

How do I enforce a mechanic's lien in California?

To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.

How does a mechanics lien work in California?

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 recorder's office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation.

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How do I remove a lienholder from my car title in California?

If you don't have the California Certificate of Title, you need to use an Application for Replacement or Transfer of Title (REG 227) to transfer ownership. The lienholder's release, if any, must be notarized. The buyer should then bring the completed form to a DMV office and we will issue a new registration and title.

Does California have statutory lien waivers?

California does not allow parties to contractually prohibit mechanics liens. The law specifically provides that parties \u201cmay not, by contract or otherwise, waive\u201d lien rights, and \u201cany term of a contract that purports to do so is void and unenforceable.\u201d

Do lien waivers need to be notarized in Illinois?

Must Illinois lien waivers be notarized? No. Illinois does not require mechanics lien waivers to be notarized in order to be effective. Furthermore, electronic signatures are valid on lien waivers in Illinois, as well.

How do liens work in California?

The mechanics' lien is a right that California gives to workers and suppliers to record a lien to ensure payment. This lien may be recorded where the property owner has paid the contractor in full and the contractor then fails to pay the subcontractors, suppliers, or laborers.

Can I sell a car with a lien release letter?

The takeaway. It's perfectly legal to sell a car with a lien, as long as you pay off the loan first. To sell a car with a lien, you have the option to sell it to a car dealer as a trade-in, or sell the car to a private buyer.

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Does a release of lien need to be notarized in California?

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How do I remove a lienholder from my car title in California?

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Do lien waivers need to be notarized in Illinois?

How do liens work in California?

Can I sell a car with a lien release letter?

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