San Benito County Notice of Mechanics Lien Form

San Benito County Notice of Mechanics Lien Form
Fill in the blank Notice of Mechanics Lien form formatted to comply with all California recording and content requirements.

San Benito County Notice of Mechanics Lien Guide
Line by line guide explaining every blank on the form.

San Benito County Completed Example of the Notice of Mechanics Lien Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional California and San Benito County documents included at no extra charge:
Where to Record Your Documents
County Clerk - Auditor - Recorder
Hollister, California 95023-3843
Hours: 8:00 to 5:00 M-F / Recording: 9:15 to 4:00
Phone: (831) 636-4046
Recording Tips for San Benito County:
- Double-check legal descriptions match your existing deed
- Ask if they accept credit cards - many offices are cash/check only
- Avoid the last business day of the month when possible
- Leave recording info boxes blank - the office fills these
- Request a receipt showing your recording numbers
Cities and Jurisdictions in San Benito County
Properties in any of these areas use San Benito County forms:
- Hollister
- Paicines
- San Juan Bautista
- Tres Pinos
Hours, fees, requirements, and more for San Benito County
How do I get my forms?
Forms are available for immediate download after payment. The San Benito County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in San Benito County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Benito County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in San Benito County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in San Benito County?
Recording fees in San Benito County vary. Contact the recorder's office at (831) 636-4046 for current fees.
Questions answered? Let's get started!
Mechanic's liens are an available remedy in the state of California for unpaid direct contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and any person providing work authorized for a site improvement (Civ. Code 8400).
To file a mechanic's lien in California, a claimant must have served preliminary notice to the property owner in accordance with Civ. Code 8410. In general, all work must have ceased before filing a claim of lien.
A direct contractor cannot enforce a lien unless a claim of lien is filed within 90 days after completion of work, or within 60 days after the owner records a notice of completion (Civ. Code 8412). A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien after it has ceased to provide work, or before the earlier of the following times: Ninety days after completion of the work of improvement, or thirty days after the owner records a notice of completion or cessation (Civ. Code 8414).
The law requires strict compliance with the statute in drafting and serving a mechanic's lien since it is an impediment on the owner's title that can affect his or her property rights. Once filed, a mechanic's lien can interfere with the owner's ability to sell the property or obtain financing.
The claim of mechanic's lien must be filed as a written statement, signed and verified by the claimant, containing a statement of the claimant's demand after all just credits and offsets; the name of the owner or reputed owner; a general description of the work furnished by the claimant; the name of the person by whom the claimant was employed or to whom the claimant furnished work; a description of the site sufficient for identification; and the claimant's address (Civ. Code 8416).
In addition to the claim of lien, a statutory statement of notice of mechanic's lien must be included in the document (Civ. 8416(a)(8)). As evidence that the claim of mechanic's lien has been properly served on the owner, the person serving a copy of it must also complete and sign a proof of service affidavit (Civ. 8416(c)(1)). California law also allows that if the owner cannot be served a manner provided by Civ. Code 8416(c)(1), the notice may be served on the direct contractor or construction lender (Civ. 8416(c)(2)).
As a claimant, be careful about the amount claimed in a mechanic's lien. Exercise good faith in the claimed amount without any exaggeration or inflation. Any mistakes or attempts to "fluff up" the amount can be detrimental to any lien right. You might even be liable for damages to the property owner in a lawsuit for a false claim of mechanic's lien. The amount cannot include any attorney's fees, lost profits, or delay damages. These may be recoverable, however, if your lien later transforms into a legal action. You are entitled to claim interest though, which is measured from the date on which the amount became due.
Once a lien is in place, a claimant has an enormous bargaining chip to induce payment by the property owner. However, obtaining a lien alone will not always guarantee payment. In California, a mechanic's lien is only effective for ninety days and will expire thereafter (Civ. Code 8460). Therefore, you must file an action in court to enforce the lien. For those wary of going to court, less adversarial options such as arbitration may be available.
Even if you correctly record you mechanic's lien by following all the required steps and ensuring the accuracy of all your filings, be aware that others may have preexisting claims. Creditors' claims are governed by the golden rule of priority of "first in time, first in right." Recall the old proverb, "The early bird gets the worm," because the same situation applies here. If a senior lien claimant seeks to enforce his or her claim first, your lien becomes junior to that claim. Therefore, when property is ordered sold to pay out a judgment and the senior claimant is paid, the amount remaining after sale might not be enough to satisfy what you were originally owed.
Additionally, it may even be split on a pro rata basis between you and other claimants. You're not completely out of luck, but it will be more difficult to collect the remainder. Your remedy will be through a deficiency judgment against the property owner for any amount that the sale of the property won't cover. Furthermore, even if you properly record before others, some types of property interests will have a "super priority" over yours, such as a construction mortgage due to the policy interest in encouraging lenders to finance construction projects. In summary, although priority cannot always be guaranteed, you should be diligent to mark important dates on your calendar for sending preliminary notice and filing the claim of lien.
Finally, remember that mechanic's lien laws are complicated, and mistakes or oversights can be fatal to your lien rights. Please contact an attorney with questions about mechanic's liens, or for any other issues regarding real property in California.
Important: Your property must be located in San Benito County to use these forms. Documents should be recorded at the office below.
This Notice of Mechanics Lien meets all recording requirements specific to San Benito County.
Our Promise
The documents you receive here will meet, or exceed, the San Benito County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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