Thursday, July 12, 2012

Filing Your Nebraska Lien

Nebraska Lien Filing

Who Can File: Anyone who has provided work that changes the condition of the property is entitled to a mechanic's lien.  However, suppliers of suppliers and and Claimant in the tiers below cannot file as their relationship to the project is too distant.

What Can Be Claimed: Anything that changes the condition of the property can be claimed.  Mining, timber and crop removal, bankers, and financiers cannot claim a lien.  The amount of the lien can only include the unpaid portion of the contract price.  Unfortunately, the price of filing cannot be added to the claim amount.

Contract Requirement: While a written contract is not required, there must be some form of an agreement to perform services whether it is  written, expressed, or implied.

Lien Filing: Nebraska is one of the few states that has no preliminary notice requirement.  Any claimant can file a lien without notice as long as the filing date is within 120 days of last work.  The lien can be amended within the filing time to increase or decrease the claim amount.  However, once the 120 days has passed, the lien can only be amended down from the original claim.  Action to foreclose on the lien must be taken within 2 years from the filing date.


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