Insurance & LiensQuestion 1555 of 1632

The construction lender must be served with a preliminary notice by a claimant lacking an owner contract primarily so the claimant can later:

a.Serve a bonded stop payment notice for undisbursed funds
b.Record a mechanics lien senior to the lender's deed of trust
c.Compel the lender to release the remaining loan to the owner
d.Claim on the lender's own errors and omissions coverage

Explanation

Notice to the lender is what keeps the fund-based remedy alive: a bonded stop payment notice under §8532 obliges the lender to withhold loan money it has not yet disbursed. (b) is the closest trap because lien priority is a real and valuable question, but priority turns on when work commenced relative to recording of the deed of trust, not on whom the preliminary notice went to. (c) reverses the point of the notice, which is to stop money rather than release it. (d) invents a claim against the lender's own insurance.

Law Reference: Civil Code §8200 / §8532

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