Tuesday, June 12, 2012

Does Alaska require pre-lien notices?

WHAT:  A Preliminary Notice or a Notice of Right to Lien is not required to file a valid Claim of Lien in Alaska. However, it may be filed and served on the property owner PRIOR to providing labor or materials to the project.  Not only can a preliminary notice make the enforcement of the lien easier, it can extend the time the lien claimant has to file the lien.  Alaska law also allows for the recording of the preliminary notice rather than just serving the notice to the owner. When the preliminary notice (Notice of Right to Lien) is recorded, this assures the lien claimant the full 120 days to record his lien even if the owner records a Notice of Completion.

WHEN:  A lien claimant may give Notice of Right to Lien (preliminary notice) to the owner or owner’s agent before furnishing labor or material to the project. This notice works to transfer the burden of proof to the owner in a foreclosure action, and entitles the person giving notice to advance notice of the owner’s filing of a Notice of Completion.  A Notice of Right to Lien may be filed up to 15 days after the owner records a Notice of Completion, and will work to assure the lien claimant the full 120 days to file his Alaska Mechanic's Lien.
 
WHO:  The preliminary notice must be served to the owner or owner’s agent by certified mail return receipt requested or by personal delivery with the recipient’s signature acknowledging receipt of the document.  Although the preliminary notice it not required to be sent to the lender (if any), the lender is responsible to inform you if certain information is wrong.  The preliminary notice is considered delivered when received, not when postmarked.

No comments:

Post a Comment