Preliminary notice of the right to file a lien is required in Alaska. A potential claimant has more protection and likelihood of recovery of funds when a notice of right to lien is delivered to requisite parties and recorded in the land records in the recording district where the property the claimant has contracted for improvements is located.
Filing a notice of right to lien gives the claimant 120 days from the completion of a contract or since ceasing to furnish labor, materials, services, or equipment to file a claim of lien (AS 34.35.068).
Potential claimants can record a notice of right to lien under Alaska Statute 34.35.064 before enacting a contract or any time after commencement on the work, though doing so before furnishing the labor, materials, services, or equipment protects the potential claimant for the duration of the job, not just from the date of serving notice. The notice asserts the claimant's right to file a lien, putting the owner on notice. Once a notice of lien is given, the owner has the burden of proof to show that he or she did not know of or consent to the labor or furnishing of labor, materials, services, or equipment.
When a potential lien claimant does not file a notice of right to file lien, they have the burden of proof to show that the owner knew of and consented to the project, if any problems should arise after commencement on the work. The claimant also faces a stricter window for filing a claim of lien. (After an owner files a notice of completion, the claimant has 15 days to file a notice of right to lien.)
Alaska law establishes what constitutes "giving notice." Any statutory notices required should either be mailed by first-class or certified mail with signed receipt or delivered with a receipt signed by the person to whom the notice is directed or that person's agent. A notice of right to lien is valid when delivered to the owner at his/her last known address and the prime contractor at its last known address (AS 34.35.120). The claimant should maintain copies of the notice and delivery verifications.
An effective notice of right to lien contains a statement that the claimant has a right to assert a lien and may be entitled to a claim of lien on the within-described property. It contains the name of the owner; the name and address of the claimant; the name and address of the person with whom the claimant contracted; and a description of the labor, material, services, or equipment furnished or to be furnished. Statutory notices of right to lien must also contain the mandatory warning that the property may be subject to foreclosure for failure to pay the within-named claimant.
In compliance with statutory notice requirements, an affidavit of service of notice may accompany the recorded notice of right to lien. This affidavit, signed by the claimant, contains sworn statements that the claimant provided notice to the required parties, and specifies by what means notice was given. All documents submitted for recording must meet standards of form and content under Alaska Statute 40.17.030.
Consult a lawyer with questions regarding mechanic's liens and statutory requirements for giving notice, or for any other issues involving real property in the State of Alaska.
Deeds.com Alaska Notice of Right to Lien Forms Have Been Updated as Recently as Friday March 22, 2019
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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
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Katherine Y. said: It was easy to use the form. The notary said it contained the most recent language which is also helpful.
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