You can read the Act amending the mechanics lien laws by clicking here.

Here are some key changes to the California lien laws:

Service of the Lien Upon Owner

Previously, there were no specific provisions requiring service of a recorded lien upon the property owner.   As Porter Law Group reported on a website bulletin, “[p]roperty owners have long complained that until they receive the foreclosure lawsuit they are often entirely unaware that a mechanics lien had even been recorded on their property.”

To address the concern, California Civil Code § 3084 will be amended to provide a specific statement titled “NOTICE OF MECHANICS LIEN.”  This identical statement must be printed in at-least 10-point boldface type on the lien itself….and it must be served upon the property owner contemporaneously with the filing of the lien.

Along with the printing of this text onto the lien, § 3084 (a)(6) also states that a “proof of service affidavit” must be completed and signed, and included with the lien, by the person serving the Notice of Mechanics Lien to the owner.

If the lien is not served, § 3084(d) provides that the “mechanic’s lien [shall be] unenforceable as a matter of law.”

Additional Changes

§3146 adds the requirement of recording a “notice of pendency of proceedings” within 20 days after the filing of the mechanic’s lien foreclosure action.  §3084 also adds that reference to the user of the term “mechanics lien,” when it previously only referred to a “claim of lien.”

Zlien is Prepared

Zlien is prepared for the upcoming changes to California’s lien laws.  Our Claim of Lien documents are updated to include the new Notice of Mechanics Lien language, and service of the property owner will be made as required by the statute.

Zlien can help your company manage the sending of these notices, record delivery and sending notifications, and record affidavits of service.  Let us help you Lien Smarter.

The @zlien twitter feed provides its followers with a wealth of information about construction liens.    Updates to our website and blog are published instantly on our twitter feed, and we’re constantly relaying information about lien laws (including law changes) across the country.

Scott Wolfe, our founder, is the guy behind the twitter posts.   Scott is a construction attorney licensed to practice (and practicing) in the states of Louisiana, Washington and Oregon.  He is also the founder of a bi-coastal construction law firm, Wolfe Law Group.

In addition to following @zlien for updates specific to lien laws and the mechanics lien industry, you can also follow Scott personally on twitter (@scottwolfejr).   On his personal twitter account, Scott publishes more general information about construction law.

Wondering what kind of stuff gets posted on our Twitter account?  Here’s a peak at some of our most recent posts:

– RT BuildingNews Payment excuses are getting more inventive:  A run-down of some of the worst reasons not to stump up the cash  (with link)

– Blogged:  The Importance of Knowing When Your Lien Period Begins (with link)

– California Lien Law Forms, Procedures and Laws Changing on January 1, 2011 (with link)

– Avvo Legal Guides on Oregon and Louisiana Liens published (with link)

You can read the Act amending the mechanics lien laws by clicking here.

Here are some key changes to the California lien laws:

Service of the Lien Upon Owner

Previously, there were no specific provisions requiring service of a recorded lien upon the property owner.   As Porter Law Group reported on a website bulletin, “[p]roperty owners have long complained that until they receive the foreclosure lawsuit they are often entirely unaware that a mechanics lien had even been recorded on their property.”

To address the concern, California Civil Code § 3084 will be amended to provide a specific statement titled “NOTICE OF MECHANICS LIEN.”  This identical statement must be printed in at-least 10-point boldface type on the lien itself….and it must be served upon the property owner contemporaneously with the filing of the lien.

Along with the printing of this text onto the lien, § 3084 (a)(6) also states that a “proof of service affidavit” must be completed and signed, and included with the lien, by the person serving the Notice of Mechanics Lien to the owner.

If the lien is not served, § 3084(d) provides that the “mechanic’s lien [shall be] unenforceable as a matter of law.”

Additional Changes

§3146 adds the requirement of recording a “notice of pendency of proceedings” within 20 days after the filing of the mechanic’s lien foreclosure action.  §3084 also adds that reference to the user of the term “mechanics lien,” when it previously only referred to a “claim of lien.”

Zlien is Prepared

Zlien is prepared for the upcoming changes to California’s lien laws.  Starting January 1, 2009, the Claim of Lien document will be updated to include the new Notice of Mechanics Lien language, and service of the property owner will be made as required by the statute.

Zlien can help your company manage the sending of these notices, record delivery and sending notifications, and record affidavits of service.

Subscribe to our blog to stay tuned to lien law changes across the country.  An alert will be posted to our blog before the change takes effect in 2011.

Considering the governor’s non-substantive veto message (which was copied and pasted to a number of different bills), it’s safe to assume that the matter will be re-examined in future legislative sessions.

For the time being, however, the California lien laws will remain unchanged.

The governor’s veto message was:

“I am returning Senate Bill 1691 without my signature.  The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year’s legislative session.  Given the delay, I am only signing bills that are the highest priority for California.   This bill does not meet that standard and I cannot sign it at this time.”

Zlien will monitor California’s efforts to make changes to the California mechanic’s lien law.