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North Dakota Lien Claimant's Demand for Information - Individual

State:
North Dakota
Control #:
ND-01-09
Format:
Word; 
Rich Text
Instant download

Description

This Lien Claimant's Demand for Information form is for use by an individual who has extended credit or made a contract with an agent, trustee, contractor or subcontractor of the owner for the improvement of real estate, to request evidence of the legal description of the real estate upon which the improvement is located, as well as the name of the title owner of the real estate.

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FAQ

Prime contractor in direct contract with the owner must record his or her lien within sixty (60) days of the recording of the Notice of Completion (Civil Code C§ 3115-3116). All others must record their liens within thirty (30) days of the date the Notice of Completion is recorded. (Civil Code §3116).

California's deadline to file a mechanics lien is 90 days after the completion of the project as a whole. However, if a notice of completion or cessation was filed, the deadline for subcontractors, suppliers, and other sub-tier parties is shortened to 30 days from the date the notice was filed.

If a creditor puts a lien on your property, you may make an offer to settle the amount for less than you owe. As part of the negotiations, get the creditor to agree to release the lien. If you need help in the negotiations, consider hiring a debt settlement lawyer to help you.

If a creditor gets a judgment against you, it can then place a lien on your property. The lien gives the creditor an interest in your property so that it can get paid for the debt you owe.And in some cases, the lien gives the creditor the right to force a sale of your property in order to get paid.

The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.

To place a lien, you must first demonstrate that you have a valid debt that has not been paid by the property holder for example if you performed construction work as a contractor or subcontractor at company headquarters and the business did not pay your bill.

A North Dakota mechanics lien must be filed in the county recorder's office of the county where the property is located.

What Is a Fraudulent Lien?the claimant is owed money on another job by the same general contractor or property owner, but didn't file a lien on that project before time expired; or. the claimant wants to file a lien because of personal reasons generally related to the identity of the property owner.

Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.

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North Dakota Lien Claimant's Demand for Information - Individual