Eisrael Gomez Realtor - Monterey County Blog

March 5th, 2007 11:51 AM

What is a mechanics lien? (from State of California website) A mechanic's lien is a "hold" against your property that, if unpaid, allows a foreclosure action, forcing the sale of your home. It is recorded with the County Recorder's office by the unpaid contractor, subcontractor or supplier. It means that any of these unpaid entities can claim a lien against the property until they are paid.

The prime contractor has a direct contractual agreement with the homeowner. If the contractor isn't paid, he can sue on the contract and record a mechanic's lien. But subcontractors, workers and suppliers don't have a contract with the homeowner. A problem occurs when the homeowner pays the prime contractor for all or some of the work, but the prime contractor fails to pay the laborers, subcontractors and materials suppliers that were hired to do portions of the job. If they are not paid, often their only recourse is to file a mechanic's lien on the home.

The lien is filed with the Monterey County recorder's office.

http://www.co.monterey.ca.us/recorder/contact.htm

Monterey County Government Center Administration Building
168 West Alisal Street, 1st Floor, Salinas, CA 93901
Phone: (831) 755-5041

The county is not able to provide any advice or counsel on these matters.  Since this is a legal matter you should consult with your attorney.  Usually you can pick up a Mechanic's Lein form from your attorney or a stationary store. 

County fees are as follows:

$8.00 for first page

$5.00 for each debtor

http://www.co.monterey.ca.us/recorder/recorderfee.htm

If you have any further questions regarding mechanics liens, consult your attorney.  As alway, please feel free to post your comment or call me at 831-809-8266. 


Posted by Eisrael Gomez on March 5th, 2007 11:51 AMPost a Comment (0)

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