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Alabama
Notice of Sale to Satisfy Lien of Self-Service Storage Facility

Alabama Notice of Sale to Satisfy Lien of Self-Service Storage Facility

Category:

Liens - Storage Facility

State:

Multi-State

Control #:

US-01022BG

Format:

Instant download

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Description

A self-service storage facility has been defined as "any real property designed and used for the purpose of renting or leasing individual storage spaces to occupants who are to have access to such for the purpose of storing and removing personal property." Such a business has generally acquires a statutory lien on the stored property for unpaid storage costs.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine

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How to fill out Notice Of Sale To Satisfy Lien Of Self-Service Storage Facility?

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FAQ

Alabama Code Section 35-11-213 provides that a "Verified Statement" of lien must be filed in the Probate Judges Office in the county where the property is situated. A statutory form is provided in the Code. Generally, an "Original Contractor" must record their Verified Statement within six months.

Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).

How does a creditor go about getting a judgment lien in Alabama? To attach the lien, the creditor registers the judgment with the office of probate court in any Alabama county where the debtor owns property now or may own property in the future.

All lien claimants, except an original contractor must give notice prior to filing a verified statement of lien. The notice must be given in writing to the owner stating that a lien is claimed, setting forth the amount and the subject of the lien, and the person or entity from whom it is owning. Ala. Code § 35-11-218.

Only a handful of states have a Notice of Intent to Lien (NOI) requirement, and Alabama is one of them. An Alabama NOI, also referred to as a Notice of Unpaid Balance, is required by all claimants who didn't contract directly with the owner prior to filling a Statement of Lien.

Original contractors must file the verified statement of lien within six months after the last of item of work has been furnished. Ala.

Alabama requires subcontractors and materialmen to deliver a notice of their intent to file a lien to the owner before filing the lien. General contractors who have a direct contract with the owner may not be required to provide this notice.

Alabama law provides for two types of liens: an ?unpaid balance? and a ?full price? lien. An unpaid balance lien extends only to the amount of any unpaid balance due the contractor by the owner or proprietor. In contrast, a full-price lien allows the furnisher of materials to have a lien for the full price thereof.

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