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AL HB668
Bill
Status
4/23/2013
Primary Sponsor
William Poole
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AI Summary
HB668 Summary
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Establishes that future advances secured by a mortgage recorded prior to a notice of commencement take priority over mechanics' and materialmen's liens.
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Requires mechanics' or materialmen's liens to be recorded in the county where the real property is situated and preceded by a recorded notice of commencement to have priority over subsequent liens and encumbrances.
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Specifies requirements for a notice of commencement including property description, contracting owner/tenant information, contractor/claimant information, and a statement about lien priority; sets default duration of three years (one year for residential property) unless otherwise stated.
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Permits a claimant to record a notice of commencement if the owner/tenant fails to do so, with specified contents and a one-year duration.
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Establishes procedures for contractors and contracting owners/tenants to terminate a notice of commencement, including recording requirements, notification to claimants, and newspaper publication with a minimum 30-day notice period.
Legislative Description
Liens, priority of liens, mechanics liens, procedure for termination of a notice of commencement by a contractor, Secs. 35-11-211 am'd.; Secs. 35-11-210.01, 35-11-210.02 added
Liens
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
4/23/2013