California Request By Property Owner for Itemization of Lien Claim

State:
Multi-State
Control #:
US-01027BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

California follows a ?first in time, first in right? system of lien priorities, giving priority to the first recorded conveyance. This priority system is known as the ?race-notice? theory, favoring a purchaser or encumbrancer who acquires a lien in good faith and for valuable consideration.

Remove liens (if any) To remove a lien, file a certified copy of the Acknowledgment of Satisfaction of Judgment (form EJ-100) with each county recorder's office where you put the lien on their property.

A lien can result when the prime contractor (referred to as a "direct contractor" in mechanics lien revision statutes, effective July 1, 2012) has not paid subcontractors, laborers, or suppliers. Legally, the homeowner is ultimately responsible for payment ? even if they already have paid the direct contractor.

A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State. We will not release expired liens.

Lien Release: After a lien has been filed, the California claimant can release or cancel the lien by filing a Mechanics Lien Release form with the county recorder's office where the lien was originally recorded.

How to put a lien on someone's property Fill out Abstract of Judgment. Abstract of Judgment ? Civil and Small Claims (form EJ-001) ... Get Abstract certified and pay fee. Bring the Abstract of Judgment to the small claims court clerk. ... Make a copy. ... Record the Abstract.

If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanics lien and take action to foreclose, you may petition the court for a decree to release the property from the lien. This is a complicated process that may require the services of an attorney.

Satisfy the debt. This is the simplest way to have the lien cleared. Contact the creditor who filed the lien and find out how much it costs to satisfy it. Be sure to include judgment costs, interests, and fees to ensure you have the correct total.

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California Request By Property Owner for Itemization of Lien Claim