Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.
In Nebraska, a contracting owner may terminate a notice of commencement as to all or any identified portion of the real estate subject to the notice of commencement by recording a notice of termination. Neb. Rev. Stat. 52-146(1).
The notice of termination must contain the following:
1) The information required for a notice of commencement (See Neb. Rev. Stat. 52-145);
2) A reference to the recorded notice of commencement by its record location and a statement of its date of recording;
3) A statement of the date as of which the notice of commencement is terminated which date may not be earlier than thirty (30) days after the notice of termination is recorded; and
4) If the notice of termination is to apply only to a portion of the real estate subject to the notice of commencement, a statement of that fact and a description of the portion of the real estate to which the notice of termination applies. Id.
Note that, in addition to the content requirements, the form must meet all state and local standards for recorded documents. File the completed notice with the county recorder's office within the bounds of the county where the property is located.
To fully end the recorded notice of commencement, the owner must also complete and publish or record the following in addition to recording the notice of termination:
1) Send, at least three weeks before the effective date of the notice of termination, a copy of the notice of termination, showing the date it was recorded, to all claimants who have requested that the owner notify them of the recording of a notice of termination;
2) Publish a notice of the recording of the notice of termination, at least once a week for three consecutive weeks in a newspaper having general circulation in the county where the recording occurs, the last publication of which must be at least five days before the stated termination date; and
3) Record an affidavit stating that notice of the recorded notice of termination has been sent to all claimants who have requested notice and that publication has been made. The affidavit must state the newspaper and dates of publication and include a copy of the published notice. Id.
This article is offered for informational purposes only and is not legal advice. This information not be relied upon as a substitute for speaking with an attorney. Please speak with an attorney familiar with construction lien laws for any questions regarding the Notice of Termination or any other issues related to liens in Nebraska.
Deeds.com Nebraska Notice of Termination Forms Have Been Updated as Recently as Monday March 25, 2019
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