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Contractors: Beware Of New California Lis Pendens Notice Requirements in Civil Code 3164, Which Become Effective January 1, 2010

Effective January 1, 2010, Civil Code Section 3146 is changed to require that a “Notice of Lis Pendens” (Notice of Pendency of Action) be recorded within 20 days after the filing of a mechanic’s lien foreclosure action.

Failure of a claimant to record a lis pendens pursuant to this new law may result in additional defenses available to subsequent purchasers or encumbrancers.

Here is the new law, with amendments underlined:

3146. After the filing of the complaint in the proper court to foreclose on the mechanic’s lien, the plaintiff shall record in the office of the countyrecorder of the county, or of the several counties in which the property issituated, a notice of the pendency of the proceedings, as provided in Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure on or before 20 days after the filing of the mechanic’s lien foreclosure action.
Only from the time of recording that notice shall a purchaser or encumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and in that event only of its pendency against parties designated by their real names.

David S. Roberson, Esq. is an associate at the law firm of Rossi, Hamerslough, Reischl & Chuck, 1960 The Alameda, Suite 200, San Jose, CA 95126, 408-261-4252.
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