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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.

Preliminary Lien Notices / Pre-Liens

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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.

--
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.

Preliminary Lien Notices / Pre-Liens

Word and PDF versions

  • Instant Download
  • Unlimited Usage
  • Unlimited Free Replacement
  • Unlimited Free Support
  • Includes Exclusive, In-Depth Help: Learn Exactly How to do the California Preliminary Notice!

Construction-Business-Forms.com

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Diane

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Article Series: Preliminary Lien Law

Image of, and link to, California 20-Day Preliminary Notice form

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