Insurance & LiensQuestion 1542 of 1632

The recorded mechanics lien must be served on the owner within what time relative to recording, along with the Notice of Mechanics Lien?

a.At or shortly after recording, with a proof of service affidavit
b.Within twenty days before recording, mirroring the preliminary notice
c.Within ninety days after recording, when the foreclosure action is filed
d.At any time before trial, since service is a matter of proof

Explanation

Civil Code §8416 requires the claimant to serve the owner or reputed owner with a copy of the lien and the statutory Notice of Mechanics Lien, and to record a proof of service affidavit with the lien; failure makes the lien unenforceable. (b) borrows the 20-day preliminary notice rule, which is a different notice served before the lien exists. (c) conflates service with the §8460 deadline for filing suit. (d) treats a recording condition as an evidentiary detail, which is precisely the mistake §8416 was written to punish.

Law Reference: Civil Code §8416

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