Mechanics' and Certain Other Liens

Passed

P HB 2579

Mechanic's lien; required statements. Adds a certification of mailing to § 43-5, the statutory form for a memorandum for mechanic's lien claimed by a general contractor. This bill also adds a statement to the statutory mechanic's lien forms for general contractors, subcontractors (§ 43-8), and sub-subcontractors (§ 43-10) that provides that it is the intent of the claimant submitting the form to claim the benefit of a lien. These statements and the certification are required to be in a mechanic's lien memorandum under § 43-4.
Patron - Janis

P HB 2580

Mechanic's liens; certification of mailing. Clarifies that subcontractors and sub-subcontractors are not subject to the same requirement as are general contractors to file along with a memorandum of lien a certification of mailing of a copy of the memorandum of lien on the owner of the property at the owner's last known address.
Patron - Janis

Failed

F SB 1022

Mechanic's lien; notice. Provides that the claimant of a mechanic's lien, including both general contractors and subcontractors, shall send written notice of the recordation of the lien by first class mail to the owner of the property subject to the lien at the owner's last known address. The lien claimant shall also provide to the clerk, in whose office the memorandum of lien is filed, a copy of the written notice mailed to the property owner and shall certify to the clerk that the notice was mailed to the property owner. The bill also provides that all persons are deemed to have notice of the lien from the time of recording and indexing of the lien or from the time of mailing, whichever occurs last. Current law only requires that, at the time the memorandum of lien is filed with the clerk, a lien claimant who is a general contractor file a certification that a copy of the memorandum of lien was mailed to the property owner at the owner's last known address.
Patron - Whipple

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Mechanics' and Certain Other Liens

E-mail Webmaster