[CLBS] Mechanics lien reduced to judgment

Wed Oct 28 15:40:11 MDT 2015

Jeff,

An interesting question.  You have to look at Section 6 of the Senate Bill that changed the statute (SB 1069).  That gives you your answer (the extended time frame only applies to judgment issued after July 1, 2015).  The statute itself doesn't provide a clear answer.  So, a judgment entered prior to July 1, 2015, would still be subject to just a 5-year period before renewal is necessary.    

MTC

Matthew T. Christensen 
(208) 384-8588 
mtc at angstman.com 

NOTICE: This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 and 2521 and may be legally privileged.  This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret.  If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited.  If you have received this communication in error, please notify Angstman Johnson immediately by telephone (208-384-8588) and destroy the original message.  Messages sent to and from us may be monitored.  If you are the intended recipient, you acknowledge that the email address being utilized is secure and that there will not be a waiver of the attorney-client privilege or breach of any duty of confidentiality by the sender's correspondence to that email address.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeff Rolig
Sent: Wednesday, October 28, 2015 3:57 PM
To: Jed Manwaring <jmanwaring at evanskeane.com>; Ryan Farnsworth <ryan at averylaw.net>; Bankruptcy list <CLBS at admws.idaho.gov>
Subject: Re: [CLBS] Mechanics lien reduced to judgment

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
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs 

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

!SIG:56313ede168771171715384!