Chapter
01. Definitions And General Provisions
02. Recording, Notice And Priority Of Liens
03. Redemption, Satisfaction, Marshaling And Merger Of Liens
04. Release Of Liens By Undertaking
05. Extinguishment Of Liens
06. Vendor's And Vendee's Liens
07. Federal Tax Lien Registration
08. Real Estate Mortgages
09. Mechanics' And Materialmen's Liens
09A. Construction Lien Waiver Agreements
10. Pledges Of Personal Property
11. Occupational And Commercial Liens On Personal Property
12. Hospital Liens
13. Ambulance Service Liens
14. Self-Service Storage Facilities Liens
15. Manufacturer's Lien
44-1-1
Lien defined.
44-1-2
Classification of liens--Definition of terms--General lien--Special lien.
44-1-3
Application of general statutes to liens--Exception.
44-1-4
Creation of lien--Contract--Operation of law.
44-1-5
Security for performance of future obligations--Creation of lien.
44-1-6
Agreement to create lien on future interest--Attachment of lien.
44-1-7
Lien or contract of lien transfers no title to property.
44-1-8
Forfeiture of property to satisfy obligation secured by lien or restraint of right of
redemption void.
44-1-9
Obligation to perform not implied from lien.
44-1-10
Lien limited to specified obligation.
44-1-11
Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception.
44-1-12
Destruction, disposal, or removal of personal property subject to security interest as
felony.
44-1-13
Priority of lien securing future advances.
44-2-1
Priority of different liens upon same property--Determination--Time of creation.
44-2-2
Purchase price of real property--Mortgage given for at time of conveyance--Vendor's lien--Priority over other liens--Operation of recording laws.
44-2-3
Public record notice of claim of lien on personal property--No other method provided--Lien statement--Contents.
44-2-4
Lien statement covering personal property--Condition precedent to filing--Mailing of copy
to owner of property.
44-2-5
Lien statement covering personal property--Filing in office of register of deeds, effect--Indexing of filed statements--Filing fees.
44-2-6
Lien statement covering personal property--Certified copies of filed statement, filing in
other counties, effect, indexing.
44-2-7
Lien statement covering personal property--Assignment and satisfaction of record.
44-2-8
Effect of lien claim or statement--Constructive notice.
44-2-9
Filing of lien statement without reasonable grounds--False statements in instrument--Noncompliance with demand for discharge--Civil action for damages--Penalty included
in judgment.
44-3-1
Marshaling securities among lien holders--Lien upon several things--Subordinate interest
of others in some of the things--Classes of property to which resort may be had.
44-3-2
Marshaling securities among lien holders--Several things within the same class and subject
to same number of liens--Property to which resort may be had.
44-3-3
Redemption from lien--Manner of making--Performance of condition--Payment of
damages for delay.
44-3-4
Right to redeem from lien--Time for redemption.
44-3-5
Inferior lien holder--Right to redeem.
44-3-6
Subrogation of inferior lien holder.
44-3-7
Satisfaction of prior lien by special lien holder--Enforcement of repayment of amount.
44-3-8
Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to
execute and deliver satisfaction--Attorney fees--Additional penalty.
44-4-1
Liens subject to release by undertaking.
44-4-2
Affidavit by interested person or agent to release property from lien by undertaking--Filing with custodian of lien record--Contents.
44-4-3
Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.
44-4-4
Affidavit to release property from lien by undertaking--Filing fee--Recording of
documents--Certified copies as evidence.
44-4-5
Service of affidavit, undertaking, and notice of time and place of hearing on lien
claimant or agent--Return.
44-4-6
Hearing on application for release of property from lien by undertaking--Exception
to sufficiency of surety--Justification of sureties--Dismissal of application upon
failure of sureties to justify.
44-4-7
Approval of undertaking for release of property from lien--Discharge of lien--Recording by marginal entry.
44-4-8
Release and exoneration of sureties on undertaking for release of property from lien.
44-5-1
Lien extinguishable as accessory obligation.
44-5-2
Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception.
44-5-3
Sale or conversion of property subject to lien--Satisfaction of claim--Lien extinguished.
44-5-4
Act secured by lien--Partial performance does not extinguish lien.
44-5-5
Lien not extinguished by limitation of action on main obligation.
44-6-1
Purchase price of real property--Special or vendor's lien.
44-6-2
Agreement for purchase of real property--Payment of part of purchase price--Special or
vendee's lien for amount paid.
44-6-3
Validity of liens of vendors and vendees--Exception.
44-6-4
Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception.
44-6-5
Lien on personal property for purchase price--Enforcement.
44-7-1
Repealed.
44-7-1.1
Applicability of chapter.
44-7-2
Repealed.
44-7-2.1
Procedure for filing under chapter.
44-7-3
Repealed.
44-7-3.1
Certification as entitling liens, etc., to be filed.
44-7-4
Repealed.
44-7-4.1
Duty of secretary of state or register of deeds on presentation of notice of federal lien,
refiling of notice, or notice of revocation of certificate.
44-7-5
Repealed.
44-7-5.1
Duty of secretary of state on presentation of certificate of release, nonattachment,
withdrawal, discharge, or subordination.
44-7-5.2
Duty of filing officer to accept liens in authorized method or medium.
44-7-6
Repealed.
44-7-6.1
Repealed.
44-7-7
Repealed.
44-7-7.1
Repealed.
44-7-8
Repealed.
44-7-8.1
Schedule of fees for filing lien or certificate or notice affecting lien--Deposit of fee.
44-7-8.2
Fees for responding to request for information.
44-7-8.3
Uniform application and construction of chapter--Filing system.
44-7-9
Repealed.
44-7-10
Tax liens and notices filed before effective date of chapter.
44-7-11, 44-7-12. Repealed.
44-8-1
Creation, renewal, or extension of mortgage of real property--Formalities required.
44-8-1.1
Real property interests subject to mortgage.
44-8-1.2
After-acquired title of real property mortgagor.
44-8-1.3
Mortgagor not bound to personal performance.
44-8-1.4
Mortgage assigned with debt.
44-8-1.5
Security of mortgage protected against mortgagor's act.
44-8-2
Power of attorney to execute mortgage of real property must be in writing--Signature,
acknowledgment, or proof--Recording.
44-8-3
Standard form of real estate mortgage.
44-8-4
Assignment of real estate mortgage--Standard form.
44-8-5
Satisfaction of real estate mortgage--Standard form.
44-8-6
Adoption of standard forms--Use of other forms not precluded--Name and post office
address of mortgagee or assignee required.
44-8-7
Real estate mortgages--Prohibited provisions--Exception--Federal land bank
mortgages.
44-8-8
Validation of recorded real estate mortgages containing prohibited provisions--Notice
to subsequent purchasers, encumbrancers or creditors--Rights of good faith
purchasers or encumbrancers prior to July 1, 1949--Rights barred by no action.
44-8-9
Mortgage of real property--Acknowledgment or proof--Certification and recording.
44-8-10
Record of mortgage--Notice to subsequent purchasers and encumbrancers.
44-8-11
Instrument intended as mortgage of real property--Recording as mortgage necessary.
44-8-12
Defeasance, to effect grant absolute on its face, must be recorded.
44-8-13
Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.
44-8-14
Discharge of recorded mortgage--Certificate of release, contents, recording, fee.
44-8-15
Mortgages affecting real property--Defective assignments or discharges recorded
prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action.
44-8-16
Prior or superior mortgage affecting real property--Failure of mortgagor or successor
in interest to pay installment due--Payment by holder of inferior mortgage--Added
to amount due on mortgage.
44-8-17
Real property sold on execution or on mortgage foreclosure--Renewal of insurance
by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of
redemption from sale.
44-8-18
Past due installments of interest and principal on superior mortgage affecting real
property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments
paid by purchaser at sale on execution or mortgage foreclosure--Payment by
purchaser prior to redemption--Proof by verified written notice, recording, service,
effect.
44-8-19
Bond to redeem without paying insurance, taxes or prior liens--Action on bond to
determine validity.
44-8-20
Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.
44-8-21
Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.
44-8-22
Rights of payee of note given in payment of purchase price--Deficiency judgment
prohibition inapplicable unless note secured by real estate mortgage.
44-8-23 Executory contract remedies unaffected by deficiency judgment provisions.
44-8-24 Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.
44-8-25 Deficiency judgment provisions not applicable to outside lenders.
44-8-26 Collateral real estate mortgages.
44-8-27 Due-on-sale clause defined.
44-8-28 Inclusion of due-on-sale clause in mortgage required for enforcement.
44-8-29 Definition of terms.
44-8-30 Certificate of release--Conditions.
44-8-31 Requirements of certificate of release.
44-8-32 Execution and acknowledgment of certificate of release--Appointment of agent.
44-8-33 Certificate of release prima facie evidence--Recording.
44-8-34 Recording certificate of release in multiple counties.
44-8-35 Application of certificate of release only to certain mortgages.
44-9-1
Persons entitled to lien--Property affected--Extent of lien--Exceptions.
44-9-2
Construction of improvements with knowledge of owner subjects land to lien--Exceptions.
44-9-3
Vendee authorized to improve land sold under executory contract--Forfeiture or
surrender of contract after attachment of liens for improvements--Liability of vendor.
44-9-4
Improvement not authorized by owner of land--Notice of nonliability.
44-9-5
Homestead right--Lien does not affect exemption.
44-9-6
Contribution under contract with owner--Agreed price--Extent of lien.
44-9-6.1
Interest on amounts secured by liens.
44-9-7
Attachment and taking effect of lien--Preference over other encumbrances.
44-9-8
Attachment of lien--Protection of bona fide purchaser, mortgagee, or encumbrancer--Notice of lien for improvements thereafter made.
44-9-9
Concurrent liens upon mine or mining claim, oil or gas well or spring--Pro rata
payment.
44-9-10
Materials or services furnished to contractor--Lien account and notice of claim
furnished to owner--Withholding of payments from contractor to protect lien
claimants.
44-9-11
Lien account and notice of claim--Service on owner of property--Copy furnished to
contractor--Assent of contractor to claim--Payment by owner--Deduction from
amount due contractor.
44-9-12
Amount due from contractor to creditor--Recovery from owner.
44-9-13
Misappropriation of funds by contractor, subcontractor, or supplier--Theft.
44-9-14
Demand of owner for lien accounts--Service on persons claiming liens--Owner
defined.
44-9-15
Lien ceases without filing of required lien statement--Place of filing of statement.
44-9-16
Lien statement by lien claimant--Verification--Contents.
44-9-17
Lien statement by lien claimant--Mailing of copy to property owner condition
precedent to filing--Post office receipt attached to statement.
44-9-18
Lien statement by lien claimant--Duties of register of deeds--Filing in numerical
order--Contents of record--Entry upon mortgage or lien index.
44-9-19
Fees for the filing, indexing or assignment of liens.
44-9-20
Claims against two or more buildings or improvements--Exception for
condominiums--General contract with owner--Election of lien claimant.
44-9-21
Manner of satisfying liens--Execution and delivery of satisfaction to owner of
property--Contents--Acknowledgment--Record of satisfaction--Cancellation of lien.
44-9-22
Neglect of lien holder to satisfy lien on demand--Damages--Attorney fees--Additional penalty.
44-9-23
Enforcement of lien--Venue of action--Commencement and conduct of proceedings.
44-9-24
Six-year limitation to enforce lien--Cancellation of expired lien.
44-9-25
Parties to action to foreclose lien--Admission of lien holder not named as defendant--Joinder of plaintiffs.
44-9-26
Forfeiture of lien for failure to commence suit upon demand--Cancellation by register
of deeds.
44-9-27
Action to enforce lien--Commencement--Issuance of summons--Filing of complaint.
44-9-28
Notice of pendency of action to enforce lien--Necessity for filing--Intervention of
other lien claimants.
44-9-29
Enforcement of lien--Application to make all interested persons parties--Order of
court, publication--Rights barred by failure to appear and assert claim.
44-9-30
Consolidations of actions for foreclosure of liens upon same property--Order of
court--Rights of parties protected.
44-9-31
Pleadings in action to foreclose lien--Bill of particulars to be attached, verification--Further account may be required by court--Pleading stricken and claim disallowed
for failure to file particulars.
44-9-32
Pleadings in action to foreclose lien--Denial of averments of answer.
44-9-33
Foreclosure of liens--Applicability of laws governing civil procedure--Exception.
44-9-34
Foreclosure of liens--Appointment of receiver on request of majority of lien holders,
parties to action.
44-9-35
Foreclosure of liens involving public utility--Receivership created instead of
directing sale of property.
44-9-36
Receiver appointed in foreclosure proceeding--Issuance of certificates for charges
necessary to protect property as provided in judgment.
44-9-37
Compensation of receiver fixed by court.
44-9-38
General power of court to appoint receiver not abridged.
44-9-39
Postponement of trial of foreclosure action--Omitted parties--Lien claim not due--Allowance of present worth of claim.
44-9-40
Judgment for lien holder--Amount demanded and proved--Costs fixed by court--Excluded from lien of other property.
44-9-41
Foreclosure of lien--Taxation of costs--Sum allowed for preparation and filing of lien
statement and account.
44-9-42
Foreclosure of lien--Allowance of fees and expenses, attorneys, receivers, exception.
44-9-43
Payment of judgment by lien holder personally indebted for amount of lien--Subrogation to rights of person so paid.
44-9-44
Judgment of sale to satisfy all liens--Manner of sale--Rights of persons which are
paramount to liens--Proceeds of sale, distribution by officer making sale.
44-9-45
Judgment of sale to satisfy all liens--Right of redemption--Leasehold having not
more than two years to run--Interest of vendee under executory contract of sale.
44-9-46
Sale of improvements to satisfy all liens--Severance and removal from land.
44-9-47
Judgment and sale to satisfy all liens--Necessity for report to and confirmation by
court.
44-9-48
Judgment and sale to satisfy all liens--Sale not confirmed by court--Resale--Receiver
to handle property.
44-9-49
Failure to comply with chapter does not affect right of person to recover, in civil
action, from party with whom he contracted.
44-9-50
Notice of project commencement--Time of filing--Fees--Register of deeds to
maintain index.
44-9-51
Contractor's name and address and location notice to be posted--Contents of location
notice.
44-9-52
Notice of project commencement does not affect title, liens allowable, or mortgage.
44-9-53
Notice of furnishing labor or materials required before lien extended--Notice
recipients--Time for filing--Contents of notice--Exemption.
44-9A-1
Liens subject to waiver under chapter.
44-9A-2
Joint check and separate agreement of waiver required.
44-9A-3
Provisions to be entered on reverse of joint check for waiver.
44-9A-4
Endorsement of joint check and execution of agreement as express waiver.
44-9A-5
Release of joint check proceeds at peril of supplier.
44-10-1
Pledge defined.
44-10-2
Lien of pledge dependent on possession--Delivery essential to valid pledge.
44-10-3
Real owner cannot defeat pledge of property transferred to apparent owner for the
purpose of pledge.
44-10-4
Lienor may pledge property to the extent of his lien.
44-10-5
Pledge as security for obligation of another--Rights of pledgor, exception--Consideration
for pledge received from debtor cannot be withdrawn without consent.
44-10-6
Pledge holder--Selection--Duties.
44-10-7
Obligations of pledge holder--Exoneration from undertaking.
44-10-8
Obligations of pledgee and pledge holder--Assumption of duties and liabilities of
depository.
44-10-9
Increase of property pledged--Covered by pledge lien.
44-10-10
Pledgee's sale of securities--Evidences of debt--Exception.
44-10-11
Debtor's misrepresentation of value of pledge.
44-11-1
Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles.
44-11-2
Mechanics', laborers', and materialmen's liens on personal property--Priority.
44-11-3
Mechanics', laborers', and materialmen's liens not affected by loss of possession--Notice of lien to preserve rights, filing with register of deeds--Exceptions.
44-11-3.1
Federal filing requirements.
44-11-4
Foreclosure of mechanics', laborers', and materialmen's liens--Action or
advertisement.
44-11-5
Lodging establishment's lien on baggage of guest--Maximum amount.
44-11-6
Detention of property of guest by innkeepers until charges paid--Priority over other
liens on property.
44-11-7
Foreclosure of innkeepers' liens by action or advertisement.
44-11-8
Innkeeper defined.
44-11-9
Carriage of personal property--Special lien dependent on possession.
44-11-10
Factor--General lien--Dependent on possession.
44-11-11
Banks and savings and loan associations--General lien--Dependent on possession.
44-11-12
Levy of attachment or execution on personal property--Special lien of officer on
property until process is released.
44-12-1
Hospital lien upon personal injury damages recovered by injured party.
44-12-2
Contract between injured party and attorney not prejudiced by hospital lien.
44-12-3
Lien not applicable when event covered by Workers' Compensation Act.
44-12-3.1
Hospital to submit reasonable and necessary charges to third-party payor of
healthcare benefits.
44-12-4
Filing and notice of hospital lien--Contents of notice--Place and time of filing.
44-12-5
Hospital lien docket--Maintenance by register of deeds--Entries, content--Indexing--Fee for filing claim.
44-12-6
Notice of hospital lien--Copy mailed to persons liable for injury--Time of mailing.
44-12-7
Notice of hospital lien--Copy mailed to insurance carrier by hospital--Disclosure of
name of carrier.
44-12-8
Persons liable for payment of hospital lien.
44-12-9
Examination of hospital records by persons liable for lien.
44-13-1
Lien of county or municipality upon property of person receiving ambulance service.
44-13-2
Notice of lien--Contents--Place of filing.
44-13-3
Property of married person subject to lien--Application of lien to joint tenancy.
44-13-4
Foreclosure, compromise, or settlement of lien--Applicable law.
CHAPTER 44-14
SELF-SERVICE STORAGE FACILITIES LIENS
44-14-1 Definitions.
44-14-2 Owner--Lien on personal property.
44-14-3 Satisfaction of lien--Notice--Sale of property.
44-14-4 Residence in facility prohibited.
44-14-5 Self-service storage facility not a warehouse.
44-14-6 Applicable rental agreements.
44-14-7 Value limit.
44-14-8 Occupant responsibility.
44-14-9 Owner rights.
44-14-10 Rental agreement statement--Failure to disclose.
