Chapter 52, LIENS
155 sections in this chapter.
Neb. Rev. Stat. § 52-1318 Rules and regulations; federal provisions adopted; Secretary of State; duties.
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(1) The State of Nebraska hereby adopts the federal rules and regulations adopted and promulgated to implement section 1324 of the Food Security Act of 1985, Public Law 99-198. If there is a conflict between such rules and regulations and sections 52-1301 to 52-1322, the federal …
Neb. Rev. Stat. § 52-1319 Receipt of written notice, defined.
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For purposes of section 1324 of the Food Security Act of 1985, Public Law 99-198, receipt of written notice shall mean the date the notice is actually received by a buyer in the ordinary course of business or the first date upon which delivery is attempted by a carrier. A buyer i…
Neb. Rev. Stat. § 52-132 Public property; exempt from lien.
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Notwithstanding the provisions on existence of a construction lien of section 52-131, no lien attaches under sections 52-125 to 52-159 to real estate owned by the state, a county, a municipality, or other governmental agency or political subdivision.
Neb. Rev. Stat. § 52-1320 Buyer subject to security interest; when; waiver or release.
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(1) A buyer in the ordinary course of business buying farm products covered by the central filing system shall take subject to the security interest identified under such system, except that a registrant or a buyer in the ordinary course of business making an inquiry under sectio…
Neb. Rev. Stat. § 52-1321 Filing prior to December 24, 1986; effect.
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An effective financing statement filed prior to December 24, 1986, shall be considered as filed on such date.
Neb. Rev. Stat. § 52-1322 Filing prior to July 1, 1999; effect.
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An effective financing statement filed on or before July 1, 1999, in accordance with section 52-1307, which has not lapsed on or before July 1, 1999, may be continued by the filing of a continuation statement in accordance with section 52-1314 in the office of the Secretary of St…
Neb. Rev. Stat. § 52-133 Real estate subject to construction lien.
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(1) If at the time a construction lien is recorded there is a recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner's real estate described in the notice of commencement. (2) Except as provided in subsecti…
Neb. Rev. Stat. § 52-134 Lien for materials; conditions; limitations.
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(1) A lien for furnishing materials arises only if: (a) They are supplied with the intent, shown by the contract of sale, the delivery order, delivery to the site by the claimant or at his or her direction, or by other evidence, that they be used in the course of construction of,…
Neb. Rev. Stat. § 52-135 Notice of right to assert lien; contents; optional notice to contracting owner; notice, when effective; applicability of section.
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(1) At any time after a claimant has entered into the contract under which he or she may claim a lien under the Nebraska Construction Lien Act, he or she may give notice of the right to assert a lien to the contracting owner. The notice of the right to assert a lien must be in wr…
Neb. Rev. Stat. § 52-136 Amount of lien.
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(1) Subject to subsection (3) of this section: (a) The lien of a prime contractor is for the unpaid part of his or her contract price; and (b) Except as against a protected party contracting owner, the lien of a claimant other than a prime contractor is for the amount unpaid unde…
Neb. Rev. Stat. § 52-137 Attachment and enforcement of lien; recording required; time limitation; attachment, when.
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(1) A claimant's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises and not later than one hundred twenty days after his or her final furnishing of services or materials, he or she has recorded a lien. (2) If a lien i…
Neb. Rev. Stat. § 52-138 Priority among lien claimants.
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(1) All liens attaching at the same time have equal priority and share the amount received upon foreclosure of the liens and available for distribution to construction lien claimants in the same ratio as the ratio of the particular lien bears to the total of all liens attaching a…
Neb. Rev. Stat. § 52-139 Priority of construction liens as against claims other than construction lien claims.
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(1) Except as provided in this section, a construction lien has priority over adverse claims against the real estate as if the construction-lien claimant were a purchaser for value without knowledge who had recorded at the time his or her lien attached. (2) Except as provided in …
Neb. Rev. Stat. § 52-140 Duration of lien; demand to institute judicial proceedings; continuation of lien during pendency of proceeding.
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(1) Except as provided in subsections (2) and (3) of this section, a lien that has become enforceable as provided in sections 52-125 to 52-159 continues enforceable for two years after recording of the lien. (2) Except as provided in subsection (3) of this section, if an owner, h…
Neb. Rev. Stat. § 52-1401 Terms, defined.
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As used in sections 52-1401 to 52-1411, unless the context otherwise requires: (1) Agricultural chemical shall mean a fertilizer or agricultural chemical which is applied to crops or land which is used for the raising of crops; (2) Feed shall mean a commercial feed, a feed ingred…
Neb. Rev. Stat. § 52-1402 Lien-notification statement; requirements; contents.
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(1) A person supplying an agricultural production input may notify a lender of an agricultural production input lien by providing a lien-notification statement to the lender in an envelope marked IMPORTANT — LEGAL NOTICE and sent by certified mail or another verifiable method. (2…
Neb. Rev. Stat. § 52-1403 Lien-notification statement; lender response.
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Within fifteen calendar days after receiving a lien-notification statement, the lender shall respond to the supplier with either: (1) A letter of commitment for part or all of the amount in the lien-notification statement and, if the letter of commitment is for only part of the a…
Neb. Rev. Stat. § 52-1404 Lender response; effect.
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If the lender responds with a letter of commitment, the supplier may not obtain a lien for the amount stated in the letter of commitment. If the lender responds with a written refusal to issue a letter of commitment, the rights of the lender and the supplier are not affected by s…
Neb. Rev. Stat. § 52-1405 Lender; failure to respond; effect.
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If a lender does not respond to the supplier within fifteen calendar days after receiving the lien-notification statement: (1) If the agricultural production input is feed for livestock, a supplier who furnishes the feed has an agricultural production input lien which has priorit…
Neb. Rev. Stat. § 52-1406 Lien; attachment; when.
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(1) The agricultural production input lien attaches to: (a) The existing crops upon the land where a furnished agricultural chemical was applied or, if crops are not planted, the next production crop where a furnished agricultural chemical was applied within sixteen months follow…
Neb. Rev. Stat. § 52-1407 Lien; perfection; financing statement; filing; priority; enforcement; fee.
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(1) An agricultural production input lien shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall contain or have attached thereto the information required in subsection (2) of section 52-1402 and shall be fil…
Neb. Rev. Stat. § 52-1408 Lien; enforcement procedures; extinguishment.
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An action to enforce an agricultural production input lien may be brought in the district court in a county where some part of the crop or livestock was located after the lien is perfected. A lien-notification statement may be amended, except for the amount demanded, by leave of …
Neb. Rev. Stat. § 52-1409 Lien satisfied; financing statement; termination.
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When an agricultural production input lien is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Neb. Rev. Stat. § 52-141 Surety bond; notice recorded; no lien attaches to real estate; bond, requirements; copy to claimant; action against surety.
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(1) A lien does not attach to the real estate on behalf of any claimant claiming through a particular prime contractor if the owner or the prime contractor has procured from a surety company authorized to do business in this state a bond meeting the requirements of this section a…
Neb. Rev. Stat. § 52-1410 Sections, how construed.
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Nothing in sections 52-1401 to 52-1410 shall be construed to negate or affect the provisions of Chapter 52, articles 2, 5, 7, 9, 11, 12, and 15, and Chapter 54, article 2.
Neb. Rev. Stat. § 52-1411 Bankruptcy; effect.
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The filing of a petition for relief under any bankruptcy law of the United States shall render any unperformed letter of commitment under sections 52-1401 to 52-1408 null and void.
Neb. Rev. Stat. § 52-142 Substitution of collateral; release of lien; procedure.
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(1) Any person having an interest in real estate may release the real estate from liens which have attached to it by: (a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a sum of money in cash, certified check, or other bank…
Neb. Rev. Stat. § 52-143 Obligation of claimant to furnish information to other lien claimant; damages; applicability of section.
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(1) A prime contractor, on request, is obligated to furnish the following information within a reasonable time, not exceeding ten days, to any person entitled to claim a lien through him or her: (a) A description of the real estate being improved sufficient to identify it; (b) Th…
Neb. Rev. Stat. § 52-144 Waiver of construction lien rights; what constitutes; validity; effect.
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(1) A written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Ambiguities in a written waiver are construed against the claimant.…
Neb. Rev. Stat. § 52-145 Notice of commencement; by whom filed; contents; recording; duration; extension.
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(1) A notice of commencement must be signed by the contracting owner, be denominated notice of commencement, and state: (a) The real estate being or intended to be improved or directly benefited, with a description thereof sufficient for identification; (b) The name and address o…
Neb. Rev. Stat. § 52-146 Termination of notice of commencement; procedure.
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(1) A contracting owner may terminate a notice of commencement as to all or any identified portion of the real estate subject to the notice of commencement by: (a) Recording a notice of termination denominated termination of notice of commencement and containing: (i) The informat…
Neb. Rev. Stat. § 52-147 Lien recording; contents.
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(1) A claimant may record a lien which shall be signed by the claimant and state: (a) The real estate subject to the lien, with a description thereof sufficient for identification; (b) The name of the person against whose interest in the real estate a lien is claimed; (c) The nam…
Neb. Rev. Stat. § 52-148 Amendment of recorded lien.
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(1) A recorded lien may be amended by an additional recording at any time during the period allowed for recording the original lien. An amendment adding real estate or increasing the amount of lien claimed is effective as to the additional real estate or increased amount only fro…
Neb. Rev. Stat. § 52-149 Assignment of lien rights; recording; effect.
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(1) A claimant having a recorded lien, or his or her assignee, may record an assignment signed by the claimant which sets forth the name of the claimant, the name and address of the assignee, the person against whom the lien is claimed, the real estate affected with a description…
Neb. Rev. Stat. § 52-150 Notice of surety bond; recording; contents.
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(1) If a prime contractor or owner has secured a surety bond a notice of surety bond may be recorded. (2) The notice shall be signed by the contractor or owner and by the surety company and state: (a) The real estate being improved with a description thereof sufficient for identi…
Neb. Rev. Stat. § 52-1501 Stallion, jack, or bull; lien for service.
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Every owner, lessee, agent or manager of any stallion, jack or bull shall have a lien upon any mare and her colt or upon any cow and her calf served by such stallion, jack or bull for the full amount of the reasonable or agreed value or price of such service. Every such owner, le…
Neb. Rev. Stat. § 52-1502 Liens; list of animals served; filing.
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Any owner of any stallion, jack or bull within the state may file with the county clerk of any county therein on or before October 1 of each year, a full and complete list of the mares or cows served by such male within such county during that year. Such list shall contain the na…
Neb. Rev. Stat. § 52-1503 Lien; period enforceable.
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From the time of filing such lien upon any such mare or cow the lienor shall have the right to hold the same on such mare or cow and its offspring for a period of twelve months from and after the birth of such offspring; but if such lien shall not be foreclosed within that time t…
Neb. Rev. Stat. § 52-1504 Lien; foreclosure.
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Every such lienor may foreclose such lien by delivering to any sheriff or constable a true copy of such lien certified by the clerk of the county, together with an affidavit of the lienor or any agent or attorney having knowledge of the facts, stating the amount due and unpaid on…
Neb. Rev. Stat. § 52-1505 Lien; sale or removal of animals prohibited; exception.
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It shall be unlawful for any owner of any mare or cow or its offspring, or any person having the possession of such mare or cow, or its offspring, upon which there is any lien of record in the county, to sell or permanently remove the same from the county or state before said lie…
Neb. Rev. Stat. § 52-1506 Violations; penalty.
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Any person or persons knowingly or willfully violating any of the provisions of sections 52-1501 to 52-1505 shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars.
Neb. Rev. Stat. § 52-151 Substitution of collateral; certificate; recording; contents.
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(1) A person who has deposited money or a surety bond with the clerk of the district court in substitution of collateral as provided in section 52-142 may record a certificate of the clerk of the district court showing the deposit. (2) The certificate, which shall be signed by th…
Neb. Rev. Stat. § 52-152 Demand to institute judicial proceedings; recording; claimant's statement; recording.
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(1) A person giving a demand to institute judicial proceedings to enforce a lien, after giving the demand, may record a copy of the demand in the office in which the lien was recorded. The demand must refer by record location to the recorded lien under which it was given, and sta…
Neb. Rev. Stat. § 52-153 Owner's statement of apportionment of lien; recording; contents.
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An owner who is entitled to apportion a lien among lots of a platted subdivision of record may record a statement making the apportionment. The statement must refer to the record location of the lien being apportioned, state the name of the owner and the claimant, state the date …
Neb. Rev. Stat. § 52-154 Discharge of lien; partial release; procedure.
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(1) A lien provided by sections 52-125 to 52-159 may be discharged of record by: (a) Recording a signed statement of the record claimant stating that the lien is released; (b) Failing to record, within the time prescribed in the provisions on duration of lien under section 52-140…
Neb. Rev. Stat. § 52-155 Proceeding to enforce lien.
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(1) Except as otherwise provided in this section, the rules applicable to a civil action apply to a proceeding to foreclose liens under sections 52-125 to 52-159. (2) In a proceeding to foreclose a lien, all claimants having recorded liens may join as plaintiffs and those who do …
Neb. Rev. Stat. § 52-156 Recording of notice of termination before abandonment or completion; owner; liability.
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(1) If a contracting owner records a notice of termination before abandonment or substantial completion of all the improvements covered by the notice of commencement being terminated, he or she is personally liable to any lien claimant to the extent that the claimant is unable to…
Neb. Rev. Stat. § 52-157 Remedies for wrongful conduct.
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(1) If a person is wrongfully deprived of benefits to which he or she is entitled under sections 52-125 to 52-159 by conduct other than that described in section 52-156: (a) He or she is entitled to damages; and (b) The court may make orders restraining the owner or other person,…
Neb. Rev. Stat. § 52-159 Substitution of terms; Revisor of Statutes; duties.
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Whenever in the statutes of Nebraska, unless the context otherwise requires, the term mechanic's lien or words referring to such term occur they shall be taken to mean and apply to construction lien as used in sections 52-125 to 52-159. The Revisor of Statutes shall substitute th…
Neb. Rev. Stat. § 52-1601 Master lien list; Secretary of State; compilation.
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The Secretary of State shall compile lien information relative to liens created under Chapter 52, articles 2, 5, 7, 9, 11, 12, and 14, and Chapter 54, article 2, received by his or her office pursuant to subsection (a) of section 9-530, Uniform Commercial Code, into a master lien…