What happens when the Owner's address on the Grant Deed differs from the address the GC gave you?

Send the preliminary notice to both addresses when the address on the Grant Deed differs from the address that the GC 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.


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 he 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 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.

Because each preliminary notice mailing can have three to four (and even more) return receipts (one for each recipient) they can get out of control fast. You need a good system for keeping track of them.

Included with the downloadable 20-Day Preliminary Notice form that I sell is an in-depth article that explains all the ins and outs of preliminary notices. The article includes specific instructions on how to track all the return receipts you'll get on the preliminary notices.

Download your copy of the California 20-Day Preliminary Notice Forms package today and never wonder again how to handle the myriad of tasks involved with processing preliminary notice forms.

Thank you Linda, have a terrific day!
Diane