35-11-412
Section 35-11-412 Filing of verified statement; limitation of actions. (a) It shall be the
duty of every person entitled to such a lien to file in the office of the judge of probate
of the county in which the property upon which the lien is sought to be established is situated,
a statement in writing, verified by the oath of the person claiming the lien, or of some other
person having knowledge of the facts, containing the amount of the demand secured by the lien,
after all just credits have been given, a description of the property on which the lien is
claimed in such a manner that same may be located or identified, and the name of the owner
or proprietor thereof; but no error in the amount of the demand or in the name of the owner
or proprietor shall affect the lien. Unless such statement is so filed the lien shall be lost.
Said verified statement may be in the form set out in Section 35-11-150. (b) The lien declared
in this division shall be deemed lost unless the statement referred...
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35-11-213
Section 35-11-213 Verified statement - Duty to file; contents; form. It shall be the duty of
every person entitled to such lien to file in the office of the judge of probate of the county
in which the property upon which the lien is sought to be established is situated, a statement
in writing, verified by the oath of the person claiming the lien, or of some other person
having knowledge of the facts, containing the amount of the demand secured by the lien, after
all just credits have been given, a description of the property on which the lien is claimed
in such a manner that same may be located or identified, a description by house number, name
of street, and name of city or town being a sufficient description where the property is located
in a city or town, and the name of the owner or proprietor thereof; but no error in the amount
of the demand or in the name of the owner or proprietor, shall affect the lien. Unless such
statement is so filed the lien shall be lost. Said verified...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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35-20-12
Section 35-20-12 Liens for unpaid assessments. (a) Except as may be otherwise provided in the
declaration or the governing documents of an association, an association shall have, and there
is declared, a lien on every lot for unpaid assessments levied against that lot arising on
and from the date the assessment is due as fixed and determined by the board of directors
at an annual meeting after giving notice as provided in Chapter 3 of Title 10A. The lien may
be enforced or foreclosed as provided in the declaration or governing documents or as provided
in this section. Written notice of the assessment and lien shall be given to the owner of
any lot on which the assessment and lien is claimed by personal delivery or first class United
States mail, postage prepaid. (b) A lien declared by this section shall have priority, except
as may be otherwise provided in Chapters 4 and 11, over all other subsequent liens and encumbrances
except state and county ad valorem taxes, municipal improvement...
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35-11-218
Section 35-11-218 Notice of lien claimed by persons other than original contractor. Every person,
except the original contractor, who may wish to avail himself of the provisions of this division,
shall before filing his statement in the office of the judge of probate, give notice in writing
to the owner or proprietor, or his agent, that he claims a lien on such building or improvement,
setting forth the amount thereof, for what, and from whom it is owing; and after such notice,
any unpaid balance in the hands of the owner or proprietor shall be held subject to such lien.
But the provisions of this section shall not apply to the case of any material furnished for
such building or improvement, of which the owner was notified in advance as provided in Section
35-11-210. (Code 1876, §3457; Code 1886, §3026; Code 1896, §2731; Code 1907, §4762; Code
1923, §8840; Code 1940, T. 33, §46.)...
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35-11-215
Section 35-11-215 Verified statement - Time for filing. The lien declared in this division
shall be deemed lost unless the statement referred to in Section 35-11-213 shall be filed
by every original contractor within six months and by every journeyman and day laborer within
30 days, and by every other person entitled to such lien within four months, after the last
item of work or labor has been performed or the last item of any material, fixture, engine,
boiler, or machinery has been furnished for any building or improvement on land or for repairing,
altering, or beautifying the same under or by virtue of any contract with the owner or proprietor
thereof, or his agent, architect, trustee, contractor, or subcontractor. (Code 1876, §§3444,
3454; Code 1886, §§3022, 3041; Code 1896, §§2727, 2746; Code 1907, §§4758, 4777; Code
1923, §§8836, 8855; Code 1940, T. 33, §42.)...
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35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
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11-81-245
Section 11-81-245 Consent requirements; disclosure statement. (a)(1) Before entering into a
written contract with a local government, the real property owner shall provide, or the local
government shall obtain, a verified recordable copy of written consent and subordination agreement
signed by the holder of each existing mortgage or other lien on the relevant real property
stating that the mortgagee or other lienholder consents to the imposition of the assessment
and that the priority of the mortgage or other lien is subordinated to the assessment lien
in a form and substance acceptable to each mortgagee and other lienholder. The consent and
subordination agreement must be in a form that may be recorded in the appropriate recording
office in the county or counties where the real property is located, and the consent and subordination
agreement with the owner's assessment contract shall be recorded in that office. (2) This
subsection does not limit in any way the rights or authority of...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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35-11-210
Section 35-11-210 Lien declared. Every mechanic, person, firm, or corporation who shall do
or perform any work, or labor upon, or furnish any material, fixture, engine, boiler, waste
disposal services and equipment, or machinery for any building or improvement on land, or
for repairing, altering, or beautifying the same, under or by virtue of any contract with
the owner or proprietor thereof, or his or her agent, architect, trustee, contractor, or subcontractor,
upon complying with the provisions of this division, shall have a lien therefor on such building
or improvements and on the land on which the same is situated, to the extent in ownership
of all the right, title, and interest therein of the owner or proprietor, and to the extent
in area of the entire lot or parcel of land in a city or town; or, if not in a city or town,
of one acre in addition to the land upon which the building or improvement is situated; or,
if employees of the contractor or persons furnishing material to him...
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