[CLBS] Mechanics lien reduced to judgment
D. Blair Clark
dbc at dbclarklaw.com
Wed Oct 28 19:21:01 MDT 2015
HEARTLESS people!!!
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
From: Randal French [mailto:rfrench at rfrenchlaw.com]
Sent: Wednesday, October 28, 2015 6:27 PM
To: Sheila Schwager; D. Blair Clark
Cc: Bankruptcy list; Bart Davis
Subject: Re: [CLBS] Mechanics lien reduced to judgment
What? No reward for the judgment debtors who dodge, weave and dance for 10 or 20 years to hide their assets from creditors? Or maybe just not that reward.
Sent from my Verizon Wireless 4G LTE smartphone
-------- Original message --------
From: Sheila Schwager
Date:10/28/2015 6:03 PM (GMT-07:00)
To: "D. Blair Clark"
Cc: Bankruptcy list , Bart Davis
Subject: Re: [CLBS] Mechanics lien reduced to judgment
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%3cmailto:jmanwaring at evanskeane.com%3cmailto:jmanwaring> <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%3cmailto:mtc at angstman.com%3cmailto:mtc at angstman.com%3cmailto:mt> <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%3cmailto:CLBS at admws.idaho.gov%3cmailto:CLBS at admws.idaho.go%0b> <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%3cmailto:jmanwaring at evanskeane.com%3cmailto:jmanwaring> <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%3cmailto:jmanwaring at evanskeane.com%3cmailto:jmanwaring> <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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