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AL HB668

Bill

Status

Introduced

4/23/2013

Primary Sponsor

William Poole

Click for details

Origin

House of Representatives

Regular Session 2013

AI Summary

HB668 Summary

  • Establishes that future advances secured by a mortgage recorded prior to a notice of commencement take priority over mechanics' and materialmen's liens.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary4/23/2013

Full Bill Text

No bill text available