Legal Question in Construction Law in California

My general contractor has issued a stop payment, a mechanics lien and he is suing to foreclose on my property, he, however, never issued a 20 day preliminary notice to my lender. Can he do this?


Asked on 6/19/16, 11:44 pm

1 Answer from Attorneys

Well yes and no. The stop payment notice is not valid without the preliminary notice. However the preliminary notice is only required for the mechanics lien if he wants his lien to take priority over any lien the lender claims. He is still free to foreclose on your property subject to the construction lender's lien without the preliminary notice.

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Answered on 6/20/16, 8:01 pm


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