[CLBS] Mechanics lien reduced to judgment
Jeff Rolig
jrolig at roliglaw.com
Wed Oct 28 15:57:11 MDT 2015
I think there is something about the lien foreclosure sale having to occur
within one year of the judgment.
Also, Jed's comment raises another question. The renewal of
judgment statute changed the five year period to ten years. Does anyone
have a coherent (or not) explanation of how that statute would apply to a
judgment that was in place prior to July 1?? That is, if a judgment was
entered and presumably recorded prior to the effective date of the statute,
does it have to be renewed within five years, or is it in effect for ten
years before it has to be renewed?
----- Original Message -----
From: "Jed Manwaring" <jmanwaring at evanskeane.com>
To: "Ryan Farnsworth" <ryan at averylaw.net>; "Bankruptcy list"
<CLBS at admws.idaho.gov>
Sent: Wednesday, October 28, 2015 2:48 PM
Subject: Re: [CLBS] Mechanics lien reduced to judgment
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.
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
-----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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