572.34 Mechanics’ notice and lien registry.
1. A mechanics’ notice and lien registry is created and shall be administered by the administrator. The administrator shall adopt rules pursuant to chapter 17A for the creation and administration of the registry.
2. The mechanics’ notice and lien registry shall be accessible to the general public through the administrator’s internet site.
3. The registry shall be indexed by owner name, general contractor name, mechanics’ notice and lien registry number, property address, legal description, tax parcel identification number, and any other identifier considered appropriate as determined by the administrator pursuant to rule.
4. Any person who posts fictitious, forged, or false information to the mechanics’ notice and lien registry shall be subject to a penalty as determined by the administrator by rule in addition to all other penalties and remedies available under applicable law.
5. A person may post a correction statement with respect to a record indexed on the mechanics’ notice and lien registry internet site if the person believes the record is inaccurate or wrongfully posted.
6. The administrator shall charge and collect fees as established by rule necessary for the administration and maintenance of the registry and the registry’s internet site. The administrator shall not charge a posting fee for a preliminary notice required pursuant to this chapter that exceeds the cost of sending such notice by certified mail with restricted delivery and return receipt. The administrator shall not charge a posting fee that exceeds forty dollars for a mechanic’s lien .
7. Notices may be posted to the mechanics’ notice and lien registry electronically on the administrator’s internet site, or may be sent to the administrator for posting by United States mail or facsimile transmission, or other alternate method as provided by the administrator pursuant to rule. Notices received by United States mail or facsimile transmission shall be posted by the administrator to the mechanics’ notice and lien registry within three business days of receipt.
8. Mechanics’ liens may be posted to the mechanics’ notice and lien registry electronically on the administrator’s internet site or may be sent to the administrator for posting by United States mail. Liens received by United States mail shall be posted by the administrator to the mechanics’ notice and lien registry within three business days of receipt.
9. The administrator shall send a receipt acknowledging a notice or lien submitted by United States mail or facsimile transmission, as provided by the administrator by rule.
10. Information collected by and furnished to the administrator in conjunction with the submission and posting of notices pursuant to sections 572.13A and 572.13B shall be used by the administrator solely for the purposes of the mechanics’ notice and lien registry.
11. Registration under chapter 91C shall not be required in order to post a notice or a lien under this chapter.
12. A preliminary notice that remains posted on the mechanics’ notice and lien registry internet site two years after the date of posting shall be declared inactive by the administrator, unless renewed. A notice of commencement of work, if there are no related active postings, shall be declared inactive two years from the date of posting, unless renewed. The administrator shall establish a process for the removal of inactive notices and for the renewal of notices pursuant to rule.
13. The administrator shall make, or cause to be made, preservation duplicates of mechanics’ notice and lien registry records, including records stored in a computer database. Any preservation duplicate record shall be accurate, complete, and clear, and shall be made, preserved, and made accessible to the public by means designated by the administrator by rule.
2012 Acts, ch 1105, §25, 27, 28; 2012 Acts, ch 1138, §13, 41, 43; 2013 Acts, ch 90, §257; 2013 Acts, ch 99, §17; 2013 Acts, ch 140, §79; 2014 Acts, ch 1092, §129
Structure Iowa Code
Section 572.1 - Definitions and rules of construction.
Section 572.2 - Persons entitled to lien.
Section 572.3 - Collateral security before completion of work.
Section 572.4 - Security after completion of work.
Section 572.5 - Extent of lien.
Section 572.6 - In case of leasehold interest.
Section 572.7 - In case of internal improvement.
Section 572.8 - Perfection of lien.
Section 572.9 - Time of lien posting.
Section 572.10 - Perfecting lien after lapse of ninety days.
Section 572.11 - Extent of lien posted after ninety days.
Section 572.12 - Time of filing against railway.
Section 572.13 - General contractor — owner notice — residential construction.
Section 572.13A - Notice of commencement of work — general contractor — owner-builder.
Section 572.13B - Preliminary notice — subcontractor — residential construction.
Section 572.14 - Liability to subcontractor after payment to general contractor or owner-builder.
Section 572.15 - Discharge of mechanic’s lien — bond.
Section 572.16 - Rule of construction.
Section 572.17 - Priority of mechanics’ liens between mechanics.
Section 572.18 - Priority over other liens.
Section 572.19 - Priority over garnishments of the owner.
Section 572.20 - Priority as to buildings over prior liens upon land.
Section 572.21 - Foreclosure of mechanic’s lien when lien on land.
Section 572.22 - Record of claim.
Section 572.23 - Acknowledgment of satisfaction of claim.
Section 572.24 - Time of bringing action — court.
Section 572.25 - Place of bringing action.
Section 572.26 - Kinds of action — amendment.
Section 572.27 - Limitation on action.
Section 572.28 - Demand for bringing suit.
Section 572.29 - Assignment of lien.
Section 572.30 - Action by subcontractor or owner against general contractor or owner-builder.
Section 572.31 - Cooperative and condominium housing.
Section 572.32 - Attorney fees — remedies.
Section 572.33 - Requirement of notification for commercial construction.
Section 572.33A - Liability of owner to general contractor — commercial construction.