TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 19

STATE LIENS

45-1906.  Duration of notice — Lapse — Continuation. (1) Except as provided in subsection (2) of this section, a notice of lien is effective for a period of five (5) years from the date of filing, unless sooner released by the filing agency. Effectiveness of the notice of lien lapses on the expiration of the five (5) year period unless a notice of continuation is filed prior to the lapse.

(2)  A notice of lien for child support delinquency is effective until a notice of release of lien is filed by the department of health and welfare.

(3)  Upon release or lapse of the notice’s effectiveness, the state lien becomes unperfected. In that case, the lien is deemed to have been unperfected as against a person who became a purchaser or lien creditor before the release or lapse.

(4)  Except as to notices of lien filed pursuant to subsection (2) of this section, a notice of continuation of effectiveness of the notice of lien may be filed by the filing agency within six (6) months prior to the expiration of the five (5) year period specified in subsection (1) of this section. The notice of continuation will be delivered to and receipt acknowledged by the secretary of state in a medium and format to which the filing agency and the secretary of state have agreed, and shall be authenticated by the filing agency in a manner to which the filing agency and the secretary of state have agreed. Upon filing of the notice of continuation, the effectiveness of the original notice of lien is continued for five (5) years after the last date to which the notice of lien was effective, whereupon it lapses unless another notice of continuation is filed prior to such lapse.

History:

[45-1906, added 1997, ch. 205, sec. 1, p. 609.]