[CLBS] Mechanics lien reduced to judgment

[John Hammond]

While we are on the topic of Mechanics Liens does anyone know an attorney in Pennsylvania that has experience with them.  May have a referral.  Just need somewhere to start.   

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jed Manwaring
Sent: Wednesday, October 28, 2015 4:18 PM
To: Bankruptcy list <CLBS at admws.idaho.gov>
Subject: Re: [CLBS] Mechanics lien reduced to judgment

Sounds like a problem to me.  IC 10-1110 says: "The lien resulting from recording of a judgment other than . . . , continues ten (10) years from the date of the judgment . . .  ."  IC 10-1111 says: "The renewed judgment may be recorded in the  same manner as the original judgment, and the lien established thereby shall continue for five (5) years from the date of judgment."  Creates great confusion between the 5 and 10 year duration.  So first original lien is good for 10 years but after it is renewed it is only good for 5 years?  What was our legislature thinking?  BART?

Jed W. Manwaring
[Evans Keane LLP]<http://www.evanskeane.com/>
1161  West River St., Suite 100
P.O. Box 959
Boise, ID 83701
(208) 384-1800 Tel.
(208) 345-3514 Fax.
jmanwaring at evanskeane.com<mailto:jmanwaring at evanskeane.com>

From: Matthew T. Christensen [mailto:MTC at angstman.com]
Sent: Wednesday, October 28, 2015 4:03 PM
To: Jed Manwaring; Bankruptcy list
Subject: RE: [CLBS] Mechanics lien reduced to judgment


Another good question, which (I think) is answered by I.C. 10-1111.  As I read it, any original judgment (whether it's an old 5-year expiration, or a new 10-year expiration) is subject to a 5-year renewal period, unless it's for child support, in which case the renewal period is 10 years.



MTC



Matthew T. Christensen

(208) 384-8588

mtc at angstman.com<mailto:mtc at angstman.com>



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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jed Manwaring
Sent: Wednesday, October 28, 2015 3:59 PM
To: Bankruptcy list <CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov>>
Subject: Re: [CLBS] Mechanics lien reduced to judgment







Can we assume that once a pre 7/1/15 judgment has been renewed after 7/1/15, that its judgment lien is good for 10 years?  Or does it keep its pre 7/1/15 flavor?



Jed W. Manwaring



1161  West River St., Suite 100

P.O. Box 959

Boise, ID 83701

(208) 384-1800 Tel.

(208) 345-3514 Fax.

jmanwaring at evanskeane.com<mailto:jmanwaring at evanskeane.com>





-----Original Message-----

From: Jed Manwaring

Sent: Wednesday, October 28, 2015 3:54 PM

To: 'Ryan Farnsworth'; 'Bankruptcy list'

Subject: RE: [CLBS] Mechanics lien reduced to judgment





I stand corrected by Jeff & Matt & Sheila-



Typically, the judgment would have also included foreclosure of the lien with a sheriff's sale of the liened property and the lienholder's right to credit bid in.  To the extend there is an unpaid portion of the judgment left it would be treated in the law like any other judgment i.e. a lien on any other of Debtor's real property in the county where it is recorded and has to be renewed every 5 years if entered b/f July 1, 2015, and every 10 years if after July 1, 2015.  Or, if after 5 yrs but before 6 years one can sue on the judgment to renew.



Jed W. Manwaring



1161  West River St., Suite 100

P.O. Box 959

Boise, ID 83701

(208) 384-1800 Tel.

(208) 345-3514 Fax.

jmanwaring at evanskeane.com<mailto:jmanwaring at evanskeane.com>





-----Original Message-----

From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Ryan Farnsworth

Sent: Wednesday, October 28, 2015 11:19 AM

To: Bankruptcy list

Subject: [CLBS] Mechanics lien reduced to judgment



Does a mechanics lien which has been reduced to a judgment and recorded as a judgment lien lose the statutory quality as a mechanics lien?



In other words, can it be avoided if turned into a judgment?



Ryan Farnsworrh

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