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S1056.......................................by COMMERCE AND HUMAN RESOURCES 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. 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Com/HuRes
S1056|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1056 BY COMMERCE AND HUMAN RESOURCES 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 9 known and designated 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 18 commencement 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 the Party Hiring You to Provide the .................................. 13 Materials or Services: .................................. 14 General Nature of Materials or Services: .................................. 15 Approximate Date Materials or Services .................................. 16 Provided or to Be Provided to Real Property: .................................. 17 ............................................ .................................. 18 Name of Claimant Signature 19 ............................................ .................................. 20 Street Address, City, State, Zip Code Telephone Number 21 STATE OF IDAHO ) 22 ) ss. 23 County of ..... ) 24 ..............., being first duly sworn upon oath, deposes and says: 25 I have read the above Notice, know the contents thereof, and believe the 26 facts therein to be true to the best of my knowledge and belief. 27 DATED this ... day of ..............., ..... 28 ................................. 29 SUBSCRIBED AND SWORN to before me this ... day of ..............., ..... 30 ................................. 31 Notary Public for Idaho 32 Residence:....................... 33 Commission Expires:.............. 34 (4) The requirements of this section are in addition to all other 35 requirements set forth in this chapter for the creation and foreclosure of a 36 claim of lien, including the requirements to timely record and serve a claim 37 of lien in compliance with section 45-507, Idaho Code.
STATEMENT OF PURPOSE RS 08575 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 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 fufill the requirements of this section when properly completed and recorded. FISCAL NOTE No fiscal impact to the state. CONTACT: Senator John Andreason 332-1000 STATEMENT OF PURPOSE/ FISCAL NOTE S1056