Yakima County Mechanics Lien Notice to Construction Lender Form (Washington)

All Yakima County specific forms and documents listed below are included in your immediate download package:

Mechanics Lien Notice to Construction Lender Form

Yakima County Mechanics Lien Notice to Construction Lender Form

Fill in the blank Mechanics Lien Notice to Construction Lender form formatted to comply with all Washington recording and content requirements.
Included Yakima County compliant document last validated/updated 7/18/2024

Notice to Construction Lender Guide

Yakima County Notice to Construction Lender Guide

Line by line guide explaining every blank on the form.
Included Yakima County compliant document last validated/updated 6/21/2024

Completed Example of the Notice to Construction Lender Document

Yakima County Completed Example of the Notice to Construction Lender Document

Example of a properly completed form for reference.
Included Yakima County compliant document last validated/updated 8/29/2024

When using these Mechanics Lien Notice to Construction Lender forms, the subject real estate must be physically located in Yakima County. The executed documents should then be recorded in the following office:

Yakima Auditor: Recording Division

Courthouse - 128 N 2nd St, Rm 117 / PO Box 12570, Yakima, Washington 98901 / 98909-2570

Hours: M-F 9:00 a.m. to 4:00 p.m.

Phone: (509) 574-1400

Local jurisdictions located in Yakima County include:

  • Brownstown
  • Buena
  • Cowiche
  • Goose Prairie
  • Grandview
  • Granger
  • Harrah
  • Mabton
  • Moxee
  • Naches
  • Outlook
  • Parker
  • Selah
  • Sunnyside
  • Tieton
  • Toppenish
  • Wapato
  • White Swan
  • Yakima
  • Zillah

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Yakima County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Yakima County using our eRecording service.
Are these forms guaranteed to be recordable in Yakima County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Yakima County including margin requirements, content requirements, font and font size requirements.

Can the Mechanics Lien Notice to Construction Lender forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Yakima County that you need to transfer you would only need to order our forms once for all of your properties in Yakima County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Washington or Yakima County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Yakima County Mechanics Lien Notice to Construction Lender forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Getting a Construction Lender to Withhold Funds

As part of the construction lien process, you might find it useful to send a notice to the construction lender ordering the lender to withhold distribution of funds from the loan proceeds until you are paid. This is another potential weapon in the lien claimant's arsenal. In some states, this notice is called as a "stop notice" because it instructions the lender to stop payment. The notice can be used as a first step or as an alternative to securing a mechanic's lien.

Any potential lien claimant who has not received a payment within five days after the date required by their contract, invoice, employee benefit plan agreement, or purchase order may give a notice to a construction lender within thirty-five days of the date required for payment of the contract, invoice, employee benefit plan agreement, or purchase order. See R.C.W. 60.04.221(1).

The notice must be signed by the potential lien claimant or some person authorized to act on his or her behalf. R.C.W. 60.04.221(2). The notice must be provided in writing to the lender at the office administering the construction financing, along with a copy given to the owner and the appropriate prime contractor. R.C.W. 60.04.221(3).

Two methods can be used to serve the notice: (1) mailing the notice by certified or registered mail to the lender, owner, and appropriate prime contractor; or (2) delivering or serving the notice personally and obtaining evidence of delivery in the form of a receipt or other acknowledgment signed by the lender, owner, and appropriate prime contractor, or an affidavit of service. Id.

The notice must include the following information: (1) the name of the person, firm, trustee, or corporation filing the notice, (2) the name of the prime contractor, common law agent, or construction agent ordering the same, (3) a common or street address of the real property being improved or the legal description of the real property, and (4) the name, business address, and telephone number of the lien claimant. R.C.W. 60.04.221(4).

After the lender receives a copy of the notice, the lender must then withhold from the next and subsequent draws the amount claimed to be due as stated in the notice. R.C.W. 60.04.221(5). Alternatively, the lender may obtain from the prime contractor or borrower a payment bond for the benefit of the potential lien claimant in an amount sufficient to cover the amount stated in the potential lien claimant's notice. Id. The lender is obligated to withhold amounts only to the extent that sufficient interim or construction financing funds remain undisbursed as of the date the lender receives the notice. Id.

Once the notice is received by the lender, sums that are withheld shall not be disbursed by the lender, except by the written agreement of the potential lien claimant, owner, and prime contractor, or court order. R.C.W. 60.04.221(6).

If the lender fails to abide by the terms of the notice, then the mortgage, deed of trust, or other encumbrance securing the lender will be made secondary to the lien of the potential lien claimant to the extent of the interim or construction financing wrongfully disbursed, but in no event more than the amount stated in the notice plus costs as fixed by the court, including reasonable attorneys' fees. R.C.W. 60.04.221(7).

Use caution in drafting the notice to the lender and ensure the form is accurate. If there are mistakes, any potential lien claimant will be liable for any loss, cost, or expense, including reasonable attorneys' fees and statutory costs, to a party injured thereby arising out of any unjust, excessive, or premature notice that is filed. R.C.W. 60.04.221(8).

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. If you have any questions about the notice to lender document or any other issues related to liens, please consult with a Washington attorney.

Our Promise

The documents you receive here will meet, or exceed, the Yakima County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

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