45-521. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — HEARING ON PETITION — CONTENTS AND EFFECT OF ORDER RELEASING LIEN. (1) Upon the hearing, the court shall enter its order releasing the mechanic’s lien upon the petitioner’s filing in open court the original bond, and introducing into evidence a receipt for payment of the premium.
(2) The entry of the order by the court must refer to the property which is the subject of the lien and the lien itself, by instrument number, and must recite that the lien is released of record for all purposes to the same extent as if released of record by the lienor.
(3) Upon entry of the order, the lien is released of record in its entirety and for all purposes and the real property, the subject of the lien, is released from the encumbrances of the lien.
(4) There is no appeal from the entry of an order pursuant to the provisions of this section and upon entry the order is final for all purposes.
History:
[45-521, added 1993, ch. 378, sec. 6, p. 1390.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Chapter 5 - LIENS OF MECHANICS AND MATERIALMEN
Section 45-501 - RIGHT TO LIEN.
Section 45-504 - LIEN FOR IMPROVING LOTS.
Section 45-505 - LAND SUBJECT TO LIEN.
Section 45-506 - LIENS PREFERRED CLAIMS.
Section 45-507 - CLAIM OF LIEN.
Section 45-508 - CLAIMS AGAINST TWO BUILDINGS.
Section 45-509 - RECORD OF LIEN CLAIMS.
Section 45-510 - DURATION OF LIEN.
Section 45-511 - RECOVERY BY CONTRACTOR — DEDUCTION OF DEBTS TO SUBCONTRACTORS.
Section 45-512 - JUDGMENT TO DECLARE PRIORITY.
Section 45-513 - JOINDER OF ACTIONS — FILING FEES AS COSTS — ATTORNEY’S FEES.
Section 45-514 - EXEMPTION OF MATERIALS FROM EXECUTION.
Section 45-515 - ACTION TO RECOVER DEBT.
Section 45-516 - RULES OF PRACTICE AND APPEALS.
Section 45-517 - LIEN FOR WORKER’S COMPENSATION SECURITY.
Section 45-518 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — MANNER.
Section 45-519 - RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND — FORM OF BOND.
Section 45-525 - GENERAL CONTRACTORS — RESIDENTIAL PROPERTY — DISCLOSURES.