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When filing a mechanic's lien in California, must I notify all other lien holders on the property of my filing?

CaliforniaMechanics Lien

I serve as independent in-house counsel for a home improvement contractor. We used zlien to send a notice of intent to file a mechanic's lien on a non-paying customer. It is now time to execute and record the lien, for which we may or may not use zlien. I'm just wondering if I need to research the existing lien holders on the property and notify them. Thanks!

1 reply

Nov 16, 2018

That's a great question, and I'm glad you're considering zlien. In California, notice of a lien filing must be sent to the property owner, but notice to other parties - such as other lien holders - is not necessary. Specifically § 8416(c) of the California Civil Code, which creates this notice requirement, reads: "A copy of the claim of mechanics lien, which includes the Notice of Mechanics Lien required by paragraph (8) of subdivision (a), shall be served on the owner or reputed owner." That section continues to specify how notice must be sent, but it does not create a requirement for sending notice to any other party. Granted, it's possible that sending notice of a lien filing to additional parties could help put pressure on the nonpaying party to make payment. Specifically, when there's a construction lender on the project or when the lien claimant was hired by someone other than the property owner, sending notice to the lender and/or lien claimant's customer could help speed up payment. But notice to parties beyond the property owner is not specifically required under § 8416 of the California Civil Code. zlien discusses this requirement in depth here: California Mechanics Lien: New Service Requirement Explained.

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