[CLBS] Mechanics lien reduced to judgment
Howard Foley
hrfoley at foleyfreeman.com
Thu Oct 29 09:31:50 MDT 2015
Gosh even the Bible has a 7 year forgiveness period doesn't it.
-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Sheila Schwager
Sent: Wednesday, October 28, 2015 6:04 PM
To: D. Blair Clark <dbc at dbclarklaw.com>
Cc: Bankruptcy list <CLBS at admws.idaho.gov>; Bart Davis <bmdlaw at ida.net>
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<mailto:jman
> waring @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%3cmai
> lto: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.id
> aho..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:jman
> waring @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:jman
> waring @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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