Page 16 - State Law Summary of Mechanic's Lien Law

Idaho ID

What is the statutory authority?
Idaho Statutes, Title 45, §§ 45-501 to 525.
What is the Attachment Date of the Mechanic’s Lien?
Under Idaho Code § 45-506, a mechanic’s lien attaches and has priority as of the
date of first furnishing of professional services such as engineering or surveying,
date of commencement of physical construction of a building, structure or
improvement or date of first furnishing of materials.

What constitutes visible commencement of construction?
The first furnishing of materials to the site or the date of commencement of
physical construction.

What is the priority of the insured construction mortgage/
deed of trust?
A permanent or construction loan mortgage recorded before work or furnishing of
materials has priority over mechanic’s liens. Idaho Code § 45-506.
If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
Under Idaho Code § 45-507, a claim of lien must be filed with the county recorder
in the county in which the property is located within ninety (90) days after
completion of labor, services or materials furnished.
What is the period of enforcement of a filed mechanic’s lien?
Under Idaho Code § 45-510, the lien expires six (6) months after date of filing
unless a lawsuit is commenced in a proper court to enforce the lien within the six
(6) month period.

Is there a procedure to bond over the mechanic’s lien(s)?
Yes. Idaho Code § 45-518 provides that a recorded mechanic’s lien can be released
from real property upon the posting of surety bond in the form and manner set
forth in Idaho Code § 45-519. A petition for the release of the mechanic’s lien by
posting a surety bond is required to be filed in the district court of the county
where the property is located. Upon entry of a court order releasing the lien, the
lien is released of record. There is no appeal from the entry of the order and upon
entry, the order is final. See Idaho Code § 45-520 and 521.
Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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