44-9 MECHANICS' AND MATERIALMEN'S LIENS
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MECHANICS' AND MATERIALMEN'S LIENS
Persons entitled to lien--Property affected--Extent of lien--Exceptions.
Construction of improvements with knowledge of owner subjects land to lien--Exceptions.
Vendee authorized to improve land sold under executory contract--Forfeiture or
surrender of contract after attachment of liens for improvements--Liability of vendor.
Improvement not authorized by owner of land--Notice of nonliability.
Homestead right--Lien does not affect exemption.
Contribution under contract with owner--Agreed price--Extent of lien.
Interest on amounts secured by liens.
Attachment and taking effect of lien--Preference over other encumbrances.
Attachment of lien--Protection of bona fide purchaser, mortgagee, or encumbrancer--Notice of lien for improvements thereafter made.
Concurrent liens upon mine or mining claim, oil or gas well or spring--Pro rata
Materials or services furnished to contractor--Lien account and notice of claim
furnished to owner--Withholding of payments from contractor to protect lien
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.
Amount due from contractor to creditor--Recovery from owner.
Misappropriation of funds by contractor, subcontractor, or supplier--Theft.
Demand of owner for lien accounts--Service on persons claiming liens--Owner
Lien ceases without filing of required lien statement--Place of filing of statement.
Lien statement by lien claimant--Verification--Contents.
Lien statement by lien claimant--Mailing of copy to property owner condition
precedent to filing--Post office receipt attached to statement.
Lien statement by lien claimant--Duties of register of deeds--Filing in numerical
order--Contents of record--Entry upon mortgage or lien index.
Fees for the filing, indexing or assignment of liens.
Claims against two or more buildings or improvements--Exception for
condominiums--General contract with owner--Election of lien claimant.
Manner of satisfying liens--Execution and delivery of satisfaction to owner of
property--Contents--Acknowledgment--Record of satisfaction--Cancellation of lien.
Neglect of lien holder to satisfy lien on demand--Damages--Attorney fees--Additional penalty.
Enforcement of lien--Venue of action--Commencement and conduct of proceedings.
Six-year limitation to enforce lien--Cancellation of expired lien.
Parties to action to foreclose lien--Admission of lien holder not named as defendant--Joinder of plaintiffs.
Forfeiture of lien for failure to commence suit upon demand--Cancellation by register
Action to enforce lien--Commencement--Issuance of summons--Filing of complaint.
Notice of pendency of action to enforce lien--Necessity for filing--Intervention of
other lien claimants.
Enforcement of lien--Application to make all interested persons parties--Order of
court, publication--Rights barred by failure to appear and assert claim.
Consolidations of actions for foreclosure of liens upon same property--Order of
court--Rights of parties protected.
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.
Pleadings in action to foreclose lien--Denial of averments of answer.
Foreclosure of liens--Applicability of laws governing civil procedure--Exception.
Foreclosure of liens--Appointment of receiver on request of majority of lien holders,
parties to action.
Foreclosure of liens involving public utility--Receivership created instead of
directing sale of property.
Receiver appointed in foreclosure proceeding--Issuance of certificates for charges
necessary to protect property as provided in judgment.
Compensation of receiver fixed by court.
General power of court to appoint receiver not abridged.
Postponement of trial of foreclosure action--Omitted parties--Lien claim not due--Allowance of present worth of claim.
Judgment for lien holder--Amount demanded and proved--Costs fixed by court--Excluded from lien of other property.
Foreclosure of lien--Taxation of costs--Sum allowed for preparation and filing of lien
statement and account.
Foreclosure of lien--Allowance of fees and expenses, attorneys, receivers, exception.
Payment of judgment by lien holder personally indebted for amount of lien--Subrogation to rights of person so paid.
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.
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.
Sale of improvements to satisfy all liens--Severance and removal from land.
Judgment and sale to satisfy all liens--Necessity for report to and confirmation by
Judgment and sale to satisfy all liens--Sale not confirmed by court--Resale--Receiver
to handle property.
Failure to comply with chapter does not affect right of person to recover, in civil
action, from party with whom he contracted.
Notice of project commencement--Time of filing--Fees--Register of deeds to
Contractor's name and address and location notice to be posted--Contents of location
Notice of project commencement does not affect title, liens allowable, or mortgage.
Notice of furnishing labor or materials required before lien extended--Notice
recipients--Time for filing--Contents of notice--Exemption.
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