[CLBS] Mechanics lien reduced to judgment

Wed Oct 28 17:34:25 MDT 2015

While we're at it, there's one other clarification we should make, IMHO.
HOW MANY RENEWALS OF A JUDGMENT CAN ONE GET?  I was always taught in law
school and after I started practice that a judgment was good for 5 at the
start + 5 on the renewal. Then I found that several judges and lawyers were
getting renewals AGAIN, so it could go indefinitely.  While Jed thinks we
need longer judgments, I'm in the camp that thinks that a debtor should have
a cutoff date.  10 + 10 is 20.  That should be enough, not 30 or 40.  Just
my two cents.

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jed Manwaring
Sent: Wednesday, October 28, 2015 5:12 PM
To: Bankruptcy list
Subject: Re: [CLBS] Mechanics lien reduced to judgment

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
@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:mt
c 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
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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
@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
@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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