Recording notice of lien; recording cancellation of lien

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  • (a) A claimant's lien does not attach and shall not be enforced unless he has, not later than 90 days after his final furnishing of materials or services, recorded a notice of lien.

  • (b) A notice of lien recorded prior to the time a claimant is entitled to final payment is effective only if

    • (1) a portion of the price due him is past due, or

    • (2) a notice of commencement is effective as to the real estate at the time of recording.

  • (c) The notice of lien shall be signed by the claimant and shall state:

    • (1) the name and address of the claimant;

    • (2) the name and address of the person with whom the claimant contracted;

    • (3) the services performed or to be performed or materials furnished or to be furnished for the improvement and the contract price thereof;

    • (4) the amount unpaid, whether or not due, to the claimant for the services or materials (if no amount is fixed by the contract a good faith estimate of the amount to be due shall be made);

    • (5) the time when the first and last services were performed and materials were furnished or if either event has not yet occurred, an estimate of the time or times;

    • (6) the real estate subject to the lien, with a description thereof sufficient for identification;

    • (7) the name of the person against whose interest in the real estate a lien is claimed; and

    • (8) either a reference to the notice of commencement under which the notice of lien is recorded with the recording office document location reference thereto or a statement of the date when the contract price or a part thereof became due.

    • (9) if separate lots, parcels or tracts of real estate are being improved under a single notice of lien, and if the contract specifies how the materials are to be apportioned among the lots, parcels or tracts, the notice of lien shall state the information required in this subsection, and, in addition, shall state how the furnishing of materials is to be apportioned.

    • (10) the reference location for the payment bond as required by section 259(c) of this title.

  • (d) Recording of notice of lien is not notice to the owner of any claim of lien and the owner may continue making payments under his contract which reduce his liability to the claimant until he receives notification from the claimant of his right to claim a lien as provided in section 256 of this title.

  • (e) A claimant shall record a signed statement that a notice of lien shall be cancelled, in full or in part, when the claimant's lien has been fully or partially satisfied by payment of part or all of the contract price by recovery of a judgment either through foreclosure of the lien or through a personal judgment recovered for part or all of the contract price. The cancellation statement must include the reference location for the notice of lien being fully or partially cancelled, and must be recorded within ten (10) days of the full or partial satisfaction of the lien.


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