Benton County Mechanics Lien Notice to Construction Lender Form

Benton County Mechanics Lien Notice to Construction Lender Form
Fill in the blank Mechanics Lien Notice to Construction Lender form formatted to comply with all Washington recording and content requirements.

Benton County Notice to Construction Lender Guide
Line by line guide explaining every blank on the form.

Benton County Completed Example of the Notice to Construction Lender Document
Example of a properly completed form for reference.
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Additional Washington and Benton County documents included at no extra charge:
Where to Record Your Documents
Benton County Auditor - Recording Dept
Prosser, Washington 99350
Hours: Monday - Friday 8:30 am - 4:30 pm
Phone: (509) 736-2727
Recording Tips for Benton County:
- White-out or correction fluid may cause rejection
- Make copies of your documents before recording - keep originals safe
- Leave recording info boxes blank - the office fills these
- Bring extra funds - fees can vary by document type and page count
Cities and Jurisdictions in Benton County
Properties in any of these areas use Benton County forms:
- Benton City
- Kennewick
- Paterson
- Plymouth
- Prosser
- Richland
- West Richland
Hours, fees, requirements, and more for Benton County
How do I get my forms?
Forms are available for immediate download after payment. The Benton 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 Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton 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 Benton 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 Benton County?
Recording fees in Benton County vary. Contact the recorder's office at (509) 736-2727 for current fees.
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Getting a Construction Lender to Withhold Funds
As part of the construction lien process, you might find it useful to send a notice to the construction lender ordering the lender to withhold distribution of funds from the loan proceeds until you are paid. This is another potential weapon in the lien claimant's arsenal. In some states, this notice is called as a "stop notice" because it instructions the lender to stop payment. The notice can be used as a first step or as an alternative to securing a mechanic's lien.
Any potential lien claimant who has not received a payment within five days after the date required by their contract, invoice, employee benefit plan agreement, or purchase order may give a notice to a construction lender within thirty-five days of the date required for payment of the contract, invoice, employee benefit plan agreement, or purchase order. See R.C.W. 60.04.221(1).
The notice must be signed by the potential lien claimant or some person authorized to act on his or her behalf. R.C.W. 60.04.221(2). The notice must be provided in writing to the lender at the office administering the construction financing, along with a copy given to the owner and the appropriate prime contractor. R.C.W. 60.04.221(3).
Two methods can be used to serve the notice: (1) mailing the notice by certified or registered mail to the lender, owner, and appropriate prime contractor; or (2) delivering or serving the notice personally and obtaining evidence of delivery in the form of a receipt or other acknowledgment signed by the lender, owner, and appropriate prime contractor, or an affidavit of service. Id.
The notice must include the following information: (1) the name of the person, firm, trustee, or corporation filing the notice, (2) the name of the prime contractor, common law agent, or construction agent ordering the same, (3) a common or street address of the real property being improved or the legal description of the real property, and (4) the name, business address, and telephone number of the lien claimant. R.C.W. 60.04.221(4).
After the lender receives a copy of the notice, the lender must then withhold from the next and subsequent draws the amount claimed to be due as stated in the notice. R.C.W. 60.04.221(5). Alternatively, the lender may obtain from the prime contractor or borrower a payment bond for the benefit of the potential lien claimant in an amount sufficient to cover the amount stated in the potential lien claimant's notice. Id. The lender is obligated to withhold amounts only to the extent that sufficient interim or construction financing funds remain undisbursed as of the date the lender receives the notice. Id.
Once the notice is received by the lender, sums that are withheld shall not be disbursed by the lender, except by the written agreement of the potential lien claimant, owner, and prime contractor, or court order. R.C.W. 60.04.221(6).
If the lender fails to abide by the terms of the notice, then the mortgage, deed of trust, or other encumbrance securing the lender will be made secondary to the lien of the potential lien claimant to the extent of the interim or construction financing wrongfully disbursed, but in no event more than the amount stated in the notice plus costs as fixed by the court, including reasonable attorneys' fees. R.C.W. 60.04.221(7).
Use caution in drafting the notice to the lender and ensure the form is accurate. If there are mistakes, any potential lien claimant will be liable for any loss, cost, or expense, including reasonable attorneys' fees and statutory costs, to a party injured thereby arising out of any unjust, excessive, or premature notice that is filed. R.C.W. 60.04.221(8).
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. If you have any questions about the notice to lender document or any other issues related to liens, please consult with a Washington attorney.
Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.
This Mechanics Lien Notice to Construction Lender meets all recording requirements specific to Benton County.
Our Promise
The documents you receive here will meet, or exceed, the Benton 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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