California Preliminary Notice and Conflicting Addresses
By Diane Dennis
The California Preliminary Notice - the address on the grant deed differs from the address the GC/DC gave you
QUESTION:
Hi Diane,
Thank you for all the information on
your web site. I am new to the Preliminary notice process and will be
sending my 1st five out in the next few days.
I just have a few
questions.
I had the Grant Deed pulled on the owners of the 5 job sites that we are doing flooring on.
If the address on the Grant Deed is
different than the address on the prelim information given to us by the
General Contractor where should I sent the Preliminary Notice to?
Also, do you recommend getting a return receipt on the certified letter?
Please advise.
Thank you!
Linda H.
Floor It Flooring, Inc.
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Preliminary Lien Notices / Pre-Liens Word and PDF versions
Construction-Business-Forms.com |
I wouldn't risk it. I'd send the California preliminary notice to both addresses.
ANSWER:
Hi Linda!
Thank you for your email. :) I asked
my attorney and he said the best thing to do would be to send the
preliminary notice to BOTH addresses.
Here's what David wrote:
Even if it went to the wrong owner's address, so long as the claimant made a good faith effort to identify the owner's address, they'd presumably be okay even if the owner never got the prelim.
You only have to serve the owner at the owner's "reputed address."
If you're wrong but the address you used
seemed right because the GC gave it to you, you're okay even though the
owner never got the prelim.
But I wouldn't risk it. I'd send the prelim to both addresses.
In response to your second question Linda...
YES YES YES, ALWAYS get a return receipt on the certified mailing.
It's the only way to prove
that you sent a preliminary notice and you never know when you might
need that proof.
Thank you Linda, have a terrific day!
Diane
Because each preliminary notice mailing can have three to four copies required (and even more), the paperwork can get out of control fast.
With the in-depth, how-to that I've included with the California Preliminary Notice downloadable form, you'll be doing California Preliminary Notices like a PRO in no time!
It walks you through *exactly* how to do your preliminary notices, the same way I do, from start to end.
Download your copy of the California Preliminary Notice Forms package today and never again wonder how to handle the myriad of tasks involved with processing preliminary notice forms.
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Thank you to Dave Barnier for the above information. :) Mr. Barnier is a practicing litigation attorney in San Diego CA and can be reached at 619.682.4842.
The information in this article is based upon California law current at the time of writing and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business.
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Preliminary Lien Notices / Pre-Liens Word and PDF versions
Construction-Business-Forms.com |
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Article Series: Preliminary Lien Law
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California 20-Day Preliminary Lien Notices
Construction-Business-Forms.com |
Preliminary Notices and Conflicting Addresses
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