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Iowa Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided

Category:
Liens - Construction - Mechanics
State:
Multi-State
Control #:
US-00960BG
Format:
Word; 
Rich Text
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Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.


Statutes frequently require the lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

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FAQ

A lien may be released by a bond, by the payment of the claim, or by the failure of the claimant to bring suit to enforce the lien within thirty days of written demand. Iowa allows contractors to waive or assign their lien rights.

A lien attaches on real estate in Iowa when a support order or Notice of Lien from another state is filed with the Clerk of Court where the real property is located. When the person ordered to pay support owns property in another county in Iowa, the order can be transcribed to the other county.

PREPARING THE IOWA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

Pursuant to the section (b), "A mechanic's lien may be discharged at any time by submitting a bond to the administrator in twice the amount of the sum for which the claim for the lien is posted, with surety or sureties, to be approved by the administrator, conditioned for the payment of any sum for which the claimant ...

About Iowa Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

In Iowa, the deadline to file a mechanics lien is 90 days from the last furnishing of labor or materials to the project. However, unlike most states, a potential lien claimant in Iowa is allowed to file a lien after the 90 day period, provided notice is served to the owner.

The statute of limitations for small claims judgments for execution purposes is twenty years, and liens on those judgments exist for ten years. See Iowa Code sections 614.1(6), 624.23(1), 626.2 and 631.12. However, a judgment can be renewed by filing a new action.

Iowa not only requires a legal description of the property to be charged with the lien but also requires the address of the property (or a description of the location of the property if there is no address) and the tax parcel identification number.

Iowa Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided Related Searches

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