Insurance & LiensQuestion 1508 of 1632

Compared to a mechanics lien, a key ADVANTAGE of a stop payment notice for a lower-tier claimant is that it:

a.Needs no bond, whoever the notice is served upon
b.Requires no preliminary notice, since it reaches money only
c.Reaches undisbursed funds without a foreclosure suit
d.Runs against the owner personally, beyond the unpaid funds

Explanation

A stop payment notice traps money the owner or lender has not yet paid out, so the claimant is paid from the construction fund instead of having to sue to foreclose on and sell the owner's property. (a) is half-true and therefore the best trap: a notice given to the OWNER under §8520 needs no bond, and §8522(a) obliges the owner to withhold on receipt, but a notice that binds a construction lender must be accompanied by a bond of 125 percent of the claim under §8532. (b) is wrong — the same preliminary notice that preserves lien rights conditions the stop payment notice. (d) overstates the remedy: it reaches the fund, and an owner who has already properly disbursed everything has nothing left to withhold.

Law Reference: Civil Code §8520 / §8522(a) / §8532

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