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IN SB0604
Bill
AI Summary
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Claims for interest in land become void if the property owner (or any interested party including mortgagees or lienholders) provides written notice demanding the claimant file an enforcement action, and the claimant fails to file suit within 30 days in the county where the property is located.
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Property owners who serve notice via registered or certified mail may file an affidavit with the county recorder stating that notice was given, 30 days have passed, and no enforcement action is pending, which releases the land from the claim.
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Mechanic's liens are similarly voided if the lienholder fails to file a foreclosure action within 30 days after receiving written notice from the property owner or interested party.
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County recorders are now required to certify released liens and claims by cross reference to the record rather than certifying directly on the face of the record itself.
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Effective date: July 1, 2019.
Legislative Description
Voiding and releasing claims in land interests. Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to record the affidavit of service. Requires that an affidavit of service must also include a reference to the recording information for the recorded notice of claim. Requires that, when the county recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book. Allows a county recorder to certify certain records by cross reference to the records, rather than on the records themselves.
Last Action
Public Law 196
5/2/2019