Changes to nonconsensual lien filing provisions passed

Senators passed a bill May 10 that changes nonconsensual lien filing provisions.

Omaha Sen. Bob Krist introduced LB3, which requires a claimant to notify the sheriff in order to serve a copy of the recorded lien to the property owner and file proof of service with the register of deeds. The claimant will be required to file a judicial proceeding to enforce the nonconsensual lien within 10 days after recording it or such lien will lapse and be legally void and unenforceable.

The bill also clarifies that a nonconsensual common-law lien is not binding or enforceable at law or in equity and, if recorded, is void and unenforceable. Those who fraudulently file a nonconsensual lien, financing statement or document that attempts to harass an entity, individual or public official or obstruct a government operation or judicial proceeding will be guilty of a Class IV felony.

Additionally, the bill establishes filing and notification provisions for commercial real estate liens and requires 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 bill passed with an emergency clause on a 46-0 vote.