A lien is a security interest used to secure payment of a contract price for labor or materials, services, or equipment furnished in connection with construction, alteration, or repair on real property. It attaches to the property title, and the owner must resolve the lien if he wants to sell or refinance the home.
Under Alaska Statute 34.35.070, a potential claimant can record a claim of lien after entering into a contract for a project. A claimant, as defined by Alaska Statute 34.35.050, is a person who:
-has performed labor for the construction, alteration, or repair of real property;
-is a trustee of an employee benefit trust for the benefit of persons performing the labor;
-furnishes materials or equipment delivered under contract that is/are used in the construction,
alteration, or repair; or
-provides a service under contract such as the preparation of plans, surveys, or architectural or
engineering plans or drawings for the construction, alteration, or repair, whether actually
implemented on that property.
The time limit for recording a claim of lien is established by law at AS 34.35.068 and depends on whether the parties to the lien have filed the appropriate notices beforehand. Both the claimant and the owner have preliminary notice responsibilities according to statute, codified at AS 34.35.064 (notice of right to lien) and 34.35.071 (notice of completion), respectively. If the owner served the claimant with a notice of intent prior to filing the notice of completion, the claimant must file a response within 15 days. Without advance notice, this time expands to 120 days.
A potential claimant also has 15 days to file a claim of lien when no notice of right to lien is given. If the claimant files a notice of right to lien within 15 days of a notice of completion by the owner, he then has 120 days to file a claim of lien.
Alaska does not provide a statutory means for release of lien. Instead, under Alaska law, a lien expires after six months have passed since the recording of a claim of lien, unless a judicial action to enforce the lien is commenced (AS 34.35.080).
A lawful claim of lien is verified by the oath of the claimant or other person having knowledge of the facts contained within it. These facts include a description of the real property subject to the lien; the name of the property owner; the name and address of the claimant; a general description of the labor, materials, services furnished and the contract price; the amount owed to the claimant; and the date the last labor, materials, services, or equipment were furnished (AS 34.35.070).
Documents relating to real property must meet standards of form and content before recording. A claim of lien is not valid unless signed by the claimant and acknowledged in the presence of a notarial official. Record the completed claim of lien in the recording office of the recording district where the affected property is situated.
Each situation is unique, and lien laws can be complicated. Consult an attorney for guidance in filing a claim of lien, or with any other issues related to real property in Alaska.
Deeds.com Alaska Claim of Mechanic Lien Forms Have Been Updated as Recently as Monday September 16, 2019
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Select Borough or Census Area where the property is located.