Iowa Admin. Code r. 721-45.6

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 721-45.6 - Posting of mechanics' lien

(1)Posting of mechanic's lien. A person must post on the MNLR a verified statement of account of the demand due the person, after allowing all credits.

(2)Contents of the statement of account. The verified statement of account provided by the person shall include:

a. The date when such material was first furnished or labor first performed, and the date on which the last of the material was furnished or the last of the labor was performed.

b. The legal description of the property to be charged with the lien.

c. The name and last-known mailing address of the owner of the property.

d. The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.

e. The tax parcel identification number.

(3)Mechanics' lien owner notice. At the time that a lien is posted on the MNLR, the administrator shall mail a copy of the lien to the owner's address. The owner notice shall include the MNLR website address and MNLR toll-free telephone number.

(4)Identification of lien county or counties. A lien posted to the MNLR under this rule shall be limited to the county or counties in which the building, land, or improvement to be charged with the lien is situated. The county or counties identified on the MNLR website at the time of posting the required notices in rules 721-45.4 (572) and 721-45.5(572) shall be the only county or counties in which the building, land, or improvement may be charged with a mechanics' lien.

(5)Lien information contained in posting. The liens posted on the MNLR shall contain the following items:

a. The name of the person by whom posted.

b. The date and hour of posting.

c. The amount thereof.

d. The name of the person against whom the lien is posted.

e. The legal description of the property to be charged.

f. The tax parcel identification number of the property to be charged.

g. The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.

(6)Additional information for posting of a mechanics' lien for commercial property. The person posting the mechanics' lien for a commercial property must register as a user with the MNLR and must provide the following additional information:

a. The name and mailing address of the owner.

b. The name, address, and telephone number of the general contractor or owner-builder.

c. The county or counties in which the building, land, or improvement to be charged with the lien is situated.

d. The email address of the person posting or submitting the mechanics' lien or the email address of another individual or entity designated to receive electronic correspondence on behalf of the person posting the lien.

Iowa Admin. Code r. 721-45.6

ARC 0464C, IAB 11/28/12, effective 1/2/2013

Amended by IAB August 23, 2023/Volume XLVI, Number 4, effective 9/27/2023