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Idaho Release of Lien by Posting of Surety Bond - Individual

Idaho Surety Bond For Notary Public

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Liens - Construction - Mechanics

Control #:

ID-02-09

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Description

The Idaho surety bond for notary public is a legal document that serves to release real property from a mechanic's lien claim. It is essential for individuals or businesses (principals) who wish to contest a lien and allow for the release of the property involved. This form requires completion of critical information such as the owner's name, the claim amount, and a description of the property. Users must execute the bond by providing signatures from both the principal and the surety corporation, along with acknowledgment by a notary public. This bond ensures that if the court finds in favor of the claimant, the stated amount will be available to cover any awarded funds, including interest and legal fees. The form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants engaged in real estate disputes or lien cases. It provides a legally binding mechanism to secure an individual's financial interests while allowing ongoing property use. Properly completing this form can expedite lien resolution and maintain property rights.

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FAQ

As of , the average hourly pay for a Notary Public in Idaho is $53.49 an hour.

Surety bonds generally cost 1-15% of the required bond amount. Costs vary significantly depending on the bond amount you need and your rate (which is the percentage of the full bond amount you must pay). You can get an instant estimate by using our bond premium calculator, or apply online to get a firm bond quote.

Your Idaho Notary Surety Bond Idaho Notaries are required by law to purchase and maintain a $10,000 Notary surety bond for their entire 6 year term of office. The Notary bond protects the Idaho public against financial loss due to improper conduct by a Notary.

To apply for a surety bond in Idaho simply submit our easy 2-min online application. We will contact you shortly with a free and exact quote and more details about the process.

Most Popular Surety Bonds in Idaho There is a $15,000 minimum bond amount required. A $25,000 bond is required by the Department of Finance of all investment advisers operating in the state. The bond ensures compliance with the provisions of the Uniform Securities Act of the State of Idaho.

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Release of Lien by Posting of Surety Bond - Individual

Note: This summary is not intended to be an all inclusive discussion of Idaho's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

Idaho law permits "Every person, ..., performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who grades, fills in, levels, surfaces or otherwise improves any land, or who performs labor in any mine or mining claim, and every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, to have a lien upon the same for the work or labor done or professional services or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder or any person having charge of any mining claim, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter provided, and the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner..." Idaho Code Â§ 45-501.

How long does a party have to file a lien?

A party seeking to claim a lien must file a claim of lien within ninety (90) days after the completion of the labor or services or furnishing of materials. Idaho Code Â§ 45-507.

What kind of notice is required prior to filing a lien?

Idaho statutes do not require an additional filing or notice other than the lien claim itself.

By what method is a lien filed in this State?

A Claim of Lien must be filed containing a statement of the claimant's demand, the names of relevant parties, and a property description. It must be verified by the oath of the claimant and a copy must be served personally or by certified mail to the property owner. Idaho Code Â§ 45-507.

How long is a lien good for?

A party seeking to assert a lien must begin legal proceedings to enforce the lien within six (6) months after the claim of lien has been filed, or, if "a payment on account is made, or extension of credit given with expiration date thereof, and such payment or credit and expiration date is endorsed on the record of the lien, then six (6) months after the date of such payment or expiration of extension."

Are liens assignable?

Idaho statutes on construction liens do not specifically speak as to whether liens may be assigned to other parties.

Does this State require a notice prior to starting work, or after work has been completed?

No. Idaho statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Idaho statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. Idaho statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

Does this State permit the use of a bond to release a lien?

Yes. Idaho has several provisions for the release of a lien after the proper filing of a bond. However, the filing of a petition and a hearing before a judge in the appropriate court is required before obtaining an order releasing the lien.