Nonconsensual lien filing provisions amended, advanced

Senators advanced a bill from select file April 30 that would change nonconsensual lien filing provisions.

Omaha Sen. Bob Krist introduced LB3, which as amended would clarify that a nonconsensual common-law lien is not binding or enforceable at law or in equity and, if recorded, would be void and unenforceable.

Omaha Sen. Steve Lathrop offered an amendment, adopted 30-0, that would establish filing and notification provisions for commercial real estate liens. His amendment originally was introduced as LB289.

The amendment would require a real estate broker to have a lien in the commission amount on commercial real estate or any real estate in which a buyer is interested in leasing, purchasing or conveying. The lien would be available only to the commercial real estate broker named in the commission agreement and signed by an owner, buyer or their agents and would remain enforceable for two years. The owner or anyone interested in the property would be allowed to give written demand to institute judicial proceedings within 30 days.

Under the amendment, the commercial real estate broker would be required to certify by mail a notarized lien notice to the commercial property owner at the address listed in the commission agreement or to the address of the commercial real estate on which the lien is to be filed. The lien would be unenforceable if the notice is not mailed within 10 days of being filed.

Additionally, the owner could have a recorded lien released at any time by placing the amount of the lien plus 15 percent in escrow, allowing the lien to attach to the escrow funds rather than the property. If a property were sold, the proceeds would be placed in escrow equal to an amount of 115 percent, attaching the lien instead to the escrow funds.

Lathrop offered an amendment, adopted 32-0, that would eliminate tenants from the commercial property lien filing provisions. He said the amendment would ensure that tenants could not create liens on properties they do not own.

The bill advanced from select file on a voice vote.