[CLBS] Mechanics lien reduced to judgment

Wed Oct 28 17:12:17 MDT 2015

I rec'd this from our very own Senate Majority Leader, Bart Davis, with authority to retweet and do so here in blood red:

"I've printed this string. I'll run a bill next year to clean up the remaining 5 year language.  If there are other 5-year sections that should be changed to 10 years, let me know.

As to my legislative intent, it was that judgments that existed prior to July 1, 2015 will have a life of 5 years. The policy being, that the debtor, creditor, and those hiding in the weeds all thought it was a 5 year judgment. So, that is preserved - risks, benefits, and burdens. Any renewal of that judgment or a new judgment issued on or after July 1, 2015 will have a life for 10 years."  Bart Davis

A big thank you to Bart.  We did need longer judgments.

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 Jed Manwaring
Sent: Wednesday, October 28, 2015 4:18 PM
To: Bankruptcy list
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<mailto:jmanwaring at evanskeane.com%3cmailto: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<mailto:mtc at angstman.com%3cmailto: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<mailto:CLBS at admws.idaho.gov%3cmailto: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<mailto:jmanwaring at evanskeane.com%3cmailto: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<mailto:jmanwaring at evanskeane.com%3cmailto: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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