§507D-1 Findings and purpose. The legislature finds that there is a problem with the recording at the land court or the bureau of conveyances of invalid instruments which purport to affect the property interests of various persons, including but not limited to government officers and employees. These instruments, which have no basis in fact or […]
§507D-2 Definitions. As used in this chapter: “Court” means any court described in the laws of the United States or any state. “Debtor” means a person named as the debtor in a financing statement. “Federal official or employee” means an employee of the federal government as defined for purposes of the Federal Tort Claims Act, […]
§507D-3 Scope of chapter. Nothing in this chapter is intended to affect: (1) Any lien provided for by statute; (2) Any consensual liens now or hereafter recognized under the common law of this State; or (3) The ability of courts to impose equitable or constructive liens. [L 1996, c 24, pt of §1]
§507D-4 Contesting validity of recorded instruments; injunctions. (a) Any party in interest in real or personal property which is subject to a claim of nonconsensual common law lien, who believes the claim of lien is invalid, may file a petition in the appropriate circuit court to contest the validity of that purported lien and to […]
§507D-5 Requirement of certified court order. (a) Any claim of lien against a federal, state, or county officer or employee based on the performance or nonperformance of that officer’s or employee’s duties shall designate in the pleading header that the claim is directed to a federal, state, or county officer or employee, and shall be […]
§507D-6 Filing a notice of invalid lien. (a) If a claim of lien not in conformity with section 507D-5(a) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official […]
§507D-7 Expungement of invalid lien; penalties; sanctions for frivolous filings. (a) If the circuit court finds the purported lien invalid, it shall order the registrar to expunge the instrument purporting to create it, and order the lien claimant to pay actual damages, costs of suit, and reasonable attorneys’ fees. This order shall be presented to […]
