A Mechanics' Lien, also known as a Claim of Lien, is a legal remedy available to contractors, suppliers, and laborers in San Bernardino, California to ensure they are paid for their work or materials provided for the improvement of real property. This lien acts as a security interest against the property, giving the claimant the right to seek compensation by foreclosing on the property if they are not paid. In San Bernardino, there are two types of Mechanics' Liens or Claims of Lien: the Preliminary Notice and the Mechanics' Lien. 1. Preliminary Notice: This notice serves as an early warning to property owners, general contractors, and lenders that a contractor or supplier is working on their property. By filing a Preliminary Notice within 20 days of first providing labor or materials, the claimant preserves their rights to a Mechanics' Lien. This notice must provide information about the claimant, the general contractor, the property owner, and a description of the work or materials. 2. Mechanics' Lien: If a contractor, subcontractor, or supplier is not paid for the work or materials provided, they can file a Mechanics' Lien against the property in San Bernardino. This lien attaches to the property title and affects the owner's ability to sell or refinance the property until the lien is resolved. To file a Mechanics' Lien, the claimant must have served a Preliminary Notice, completed the work or delivered the materials, and not received full payment. The lien must be filed within 90 days (general contractors) or 60 days (subcontractors/suppliers) from the completion of the project. To enforce a Mechanics' Lien, the claimant must initiate a lawsuit to foreclose on the property within 90 days of filing the lien. If successful, the property will be sold, and the claimant will be paid from the proceeds. It's important to note that Mechanics' Liens in San Bernardino, California are complex legal procedures that require strict compliance with specific timelines and documentation. Working with an experienced attorney or lien service provider can ensure that your rights are protected and increase the chances of a successful claim. In summary, a Mechanics' Lien, or Claim of Lien, in San Bernardino, California, is a legal tool that contractors, suppliers, and laborers can use to secure payment for their work or materials. By filing a Preliminary Notice and a Mechanics' Lien within specified timeframes, individuals can ensure their rights are preserved and seek compensation by foreclosing on the property if necessary.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.