Idaho Mechanics Lien Claim

State:
Idaho
Control #:
ID-LR089T
Format:
Word; 
Rich Text
Instant download

Description

A lien is a charge on property for the payment or discharge of a particular debt having priority to the general debts of the owner of the property
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FAQ

While they don't require lien filings to be notarized, they do require a lien filer to jump through various other hoops that, if not done properly, might cause your filing to be rejected or invalidated: Delaware.

When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.

The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.

Prepare the Idaho mechanics lien form. File the lien with the county recorder's office. Deliver your lien to the property owner.

To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.

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 § 45-507.

Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).

Even though these states may permit project participants to secure lien rights and claim a mechanics lien even without a written contract, it is generally best practice to have a signed written contract for work provided.

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Idaho Mechanics Lien Claim