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H0616...........................................................by BUSINESS
LIENS - MATERIALS/SERVICES - Adds to existing law to provide for the filing
of a notice of lien when materials or services are furnished to residential
real property.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Bus
H0616
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 616
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO MECHANICS' AND MATERIALMEN'S LIENS; AMENDING CHAPTER 5, TITLE 45,
3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 45-525, IDAHO CODE, TO PRO-
4 VIDE FOR THE FILING OF A NOTICE OF PROVIDING MATERIALS AND SERVICES TO
5 RESIDENTIAL REAL PROPERTY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 5, Title 45, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 45-525, Idaho Code, and to read as follows:
10 45-525. RESIDENTIAL PROPERTY -- NOTICE. (1) This section only applies to
11 residential real property occupied or intended to be occupied as a principal
12 or secondary residence.
13 (2) A lien claimant under this chapter shall not be entitled to enforce a
14 claim of lien against residential real property for a monetary claim in excess
15 of five thousand dollars ($5,000), unless such lien claimant shall have first
16 recorded a notice of providing materials and services in compliance with the
17 requirements of this section no later than twenty-one (21) days after the com-
18 mencement of the furnishing by the lien claimant of five hundred dollars
19 ($500) or more of materials or services for the improvement of the residential
20 real property.
21 (3) The notice shall be recorded in the office of the county recorder of
22 the county in which the residential real property is located within such
23 twenty-one (21) day time period. The notice shall be in writing, subscribed
24 and sworn or verified by oath or acknowledged by the lien claimant or the lien
25 claimant's agent or attorney before a notary public or other duly authorized
26 officer, state the date that the lien claimant has furnished or is about to
27 furnish services or materials for the improvement of the described residential
28 real property, state the name and address of the owner or reputed owner of the
29 residential real property, sufficiently describe the real property for identi-
30 fication, specify the name, address and telephone number of the lien claimant
31 and the party with whom the claimant has entered into a contract for the pro-
32 viding of the materials and services and state the general nature of the mate-
33 rials and services provided or to be provided to the residential real prop-
34 erty. The failure of a notice recorded in accordance with this section to
35 accurately set forth all of the foregoing information shall not defeat the
36 validity of the notice unless the defect causes prejudice or the notice does
37 not sufficiently describe the residential real property. A notice substan-
38 tially complying with the following form shall be deemed to fulfill the
39 requirements of this section when properly completed and recorded:
2
1 NOTICE OF FURNISHING MATERIALS AND SERVICES
2 TO RESIDENTIAL REAL PROPERTY
3 The undersigned certifies in accordance with Section 45-525, Idaho Code,
4 that materials or services as described below have been or will be furnished
5 by the undersigned for the improvement of the following described residential
6 real property:
7 Real Property Description: ..................................
8 (e.g., Lot & Block) ..................................
9 Name and Address of Real Property ..................................
10 Owner: ..................................
11 Name, Address and Telephone Number ..................................
12 of Party Contracting ..................................
13 For Materials or Services: ..................................
14 General Nature of Materials or Services: ..................................
15 Date Materials or Services ..................................
16 Provided or to Be Provided to Real Property: ..................................
17 ..................................
18 Name of Claimant
19 ..................................
20 Signature
21 ..................................
22 Street Address
23 ..................................
24 City, State, Zip Code
25 ..................................
26 Telephone Number
27 (4) The requirements of this section are in addition to all other
28 requirements set forth in this chapter for the creation and foreclosure of a
29 claim of lien, including the requirement to timely record and serve a claim of
30 lien in compliance with section 45-507, Idaho Code.
STATEMENT OF PURPOSE
RS 10006
The purpose of this bill is to provide for the filing of a notice of providing
materials and services to residential property. Under this legislation, a claimant
shall not be entitled to force a claim of lien against a piece of residential real
property for a monetary claim in excess of $5,000.00 unless such lien claimant
has filed a notice of providing materials and services no later than 21 days after
commencement of the furnishing by the lien claimant of $500.00 or more
materials and services for the improvement of residential property. The notice is
to be recorded in the office of the county recorder. The bill also provides a form
that can be used for such a filing which shall be deemed to fulfill the requirements
of this section when properly completed and recorded.
FISCAL IMPACT
No fiscal impact to the state.
Contact: Vicki Patterson
Idaho Land Title association
(208) 672-9385
STATEMENT OF PURPOSE/FISCAL NOTE H 616