Title 33 — Property

Upon service of the notice and claim of lien, the owner may retain, out of the amount due or to become due the original contractor, the value of the labor or material furnished as shown by the notice and claim of lien. The owner shall furnish the original contractor with a true c…

A. When a lien is recorded or notice given by any person other than a contractor, the contractor shall defend any action brought thereon. B. During pendency of such action the owner may withhold the amount sued for, and if judgment is given upon the lien, he may deduct from any a…

Lienors not contesting the claims of each other may join as plaintiffs, and when separate actions are commenced the court may consolidate them, and make all persons having claims filed parties to the action. Persons claiming liens who fail or refuse to become parties plaintiff sh…

No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and order of sale.

A. A lien granted under the provisions of this article shall not continue for a longer period than six months after it is recorded, unless action is brought within that period to enforce the lien and a notice of pendency of action is recorded pursuant to section 12-1191 in the of…

A. The person enforcing a lien granted under the provisions of this article may have the lot or land and improvements sold together, or he may have the improvements alone sold when it can be done without material injury to the property beyond the value of the improvements. B. Whe…

When an article, implement, utensil or vehicle, except motor vehicles, is repaired or cleaned, glazed or washed, with labor, with or without material, by a carpenter, mechanic, artisan or other workman, such person shall have a lien thereon for the labor or material and may retai…

A. When any garment, wearing apparel or other article is cleaned, pressed or washed by any dry cleaner or launderer, the dry cleaner or launderer has a lien on the garment, apparel or article for the labor and may retain possession of the garment, apparel or article until the amo…

A. Proprietors of garages and repair and service stations shall have a lien upon motor vehicles of every kind and aircraft, and the parts and accessories placed thereon, for labor, materials, supplies and storage for the amount of the charges, when the amount of the charges is ag…

Persons who fabricate products from patterns, molds, tools, dies and all other equipment and material furnished them by a customer shall have a lien upon all such patterns, molds, tools, dies and all other equipment and material in their possession for the balance due them by the…

A. Except as provided in section 33-1021.01, when possession of any property described in this article or any other personal property held under lien without provision at law for foreclosure of the lien has continued for twenty days after the charges accrue and remain unpaid, the…

This article applies only to federal tax liens and to other federal liens, notices of which under any act of Congress or any regulation adopted pursuant to an act of Congress are required or permitted to be filed or recorded in the same manner as notices of federal tax liens.

A. Notices of liens, certificates and other notices affecting federal tax liens or other federal liens shall be filed or recorded in accordance with this article. B. Notices of liens on real property for obligations payable to the United States and certificates and notices affect…

Certification of notices of liens, certificates or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying notice of any other lien, entitle…

A. If a notice of federal lien, a refiling of a notice of federal lien or a notice of revocation of any certificate described in subsection B of this section is presented to a filing or recording officer who is: 1. The secretary of state, he shall cause the notice to be marked, h…

The filing officer shall receive fees as provided by law and shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed or recorded by them.

In this article, unless the context otherwise requires: 1. "Bonded stop notice" means a stop notice that is given to any construction lender and that is accompanied by a bond executed solely by one or more surety companies authorized to transact surety business in this state purs…

A stop notice is not invalid by reason of any defect in form if it is sufficient to substantially inform the owner of the information required by this article.

This section and sections 33-1054 through 33-1067 apply only to private work. Private work does not include dwellings of owner-occupants as defined in section 33-1002.

Any person entitled to record a claim of lien under article 6 of this chapter, other than the original contractor, may give to the owner a stop notice. Any person entitled to give a stop notice who fails to serve a stop notice within thirty days after a written demand from the ow…

A. Any person entitled to record a claim of lien under article 6 of this chapter may give to a construction lender a stop notice or a bonded stop notice before the expiration of the time within which that person's lien shall be recorded under section 33-993. Any person entitled t…

A. The stop notice shall be delivered to the owner personally or left at the owner's residence with a person of suitable age and discretion or the owner's place of business. If the notice is served on a construction lender who holds construction monies and who maintains branch of…

A. On receipt of a stop notice pursuant to section 33-1054, the owner shall withhold from the original contractor or from any person acting under the original contractor's authority and to whom labor, professional services, materials, machinery, fixtures or tools have been furnis…

A. On receipt of a stop notice pursuant to section 33-1055, the construction lender may and on receipt of a bonded stop notice shall withhold from the borrower or other person to whom it or the owner may be obligated to make payments or advances out of the construction fund suffi…

A. Whether made before or after a stop notice or bonded stop notice is given to a construction lender, no assignment by the owner or contractor of construction monies takes priority over the stop notice or bonded stop notice, and the assignment has no effect as to the rights of c…

If monies withheld or required to be withheld pursuant to any stop notice or bonded stop notice are insufficient to pay in full the valid claims of all persons who made claims, the monies withheld or required to be withheld shall be distributed among those persons in the same rat…

Any person who wilfully gives a false stop notice or bonded stop notice or wilfully includes in the notice any labor, professional services, materials, machinery, fixtures or tools not furnished for the property described in that notice forfeits all right to participate in the pr…

A. An owner, a construction lender or any original contractor or subcontractor who disputes any stop notice or bonded stop notice may file with the person on whom notice was served a release bond. The release bond shall be executed in an amount equal to one hundred fifty percent …

A. An action against the owner or construction lender to enforce payment of the claim stated in the stop notice or bonded stop notice may be commenced at any time after ten days from the date of the service of the stop notice on either the owner or construction lender and shall b…

On dismissal of an action to enforce a stop notice or bonded stop notice, unless expressly stated to be without prejudice, or on a judgment rendered against the claimant, the stop notice or bonded stop notice ceases to be effective and the monies withheld shall be paid or release…

Any person who has given stop notices or bonded stop notices may join in the same action, and when separate actions are commenced, the court may consolidate them. On motion of the owner or construction lender, the court shall require all claimants to the monies withheld pursuant …

In any action against an owner or construction lender to enforce payment of a claim stated in a bonded stop notice, the prevailing party shall be awarded reasonable attorney fees from the party held liable by the court for payment of the claim.

If the plaintiff is the prevailing party in any action against an owner or construction lender to enforce payment of a claim stated in a bonded stop notice, any amount awarded on the claim shall include interest at the legal rate computed from the date the bonded stop notice is s…

A. Except as prescribed by subsection C, an employing real estate broker pursuant to title 32, chapter 20 has a lien against real property for the amount of compensation that is agreed to be paid to the broker by the owner of the real property for the broker's services in the lea…

A. A lien pursuant to this article attaches to the subject real property when all of the following occur: 1. The broker produces a person or entity that is ready, willing and able to lease or rent the real property on the terms provided in the written agreement between the broker…

A. The notice of commercial real estate broker lien shall include all of the following: 1. The name and the address of the principal place of business of the broker who claims the lien and the broker's real estate license number. 2. The name and the mailing address of the owner o…

A. A commercial real estate broker lien recorded pursuant to this article is enforceable by foreclosure action in superior court as if the lien were a mortgage. B. A lien pursuant to this article is only valid for two years after the date that it is recorded unless an action is b…

A. On satisfaction of any lien established pursuant to this article, the lienholder shall record a satisfaction of the lien within thirty days. The satisfaction shall be in the form prescribed by section 11-480. A lienholder who fails to record a satisfaction of lien pursuant to …

A. After perfection of a lien pursuant to this article, an owner, including any person who has a legal or equitable interest in the land that is subject to the lien, a mortgagee or any other lien creditor, either before or after the commencement of an action to foreclose the lien…