[CLBS] Mechanics lien reduced to judgment
Sheila Schwager
sschwager at hawleytroxell.com
Wed Oct 28 18:03:37 MDT 2015
Yeah. I disagree:)
Sent via IPhone
Sheila R. Schwager, Esq.
Hawley Troxell
> On Oct 28, 2015, at 5:34 PM, D. Blair Clark <dbc at dbclarklaw.com> wrote:
>
> 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
> <CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.go
> v%3cmailto:CLBS at admws.idaho.gov>>>
>
> Subject: Re: [CLBS] Mechanics lien reduced to judgment
>
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> 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
>
>
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>
> I stand corrected by Jeff & Matt & Sheila-
>
>
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>
> 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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