45-1705 PENALTIES. - Idaho Statutes

TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 17

NONCONSENSUAL COMMON LAW LIENS

45-1705. Penalties. (1) Any person who offers to have recorded or filed in the office of the county clerk and recorder, or with the secretary of state, any document purporting to create a nonconsensual common law lien against real or personal property, knowing or having reason to know that such document is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid, shall be liable to the owner of such real or personal property for the sum of not less than five thousand dollars ($5,000) or for actual damages caused thereby, whichever is greater, together with reasonable attorney’s fees.

(2) Any grantee or other person purportedly benefited by a recorded document which creates a nonconsensual common law lien against real or personal property and is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid, who willfully refuses to release such document or record upon request of the owner of the real or personal property affected shall be liable to such owner for the damages and attorney’s fees provided in subsection (1) of this section.

(3) Any person who offers to have recorded or filed in the office of the county clerk and recorder, or with the secretary of state, any document, including a financing statement, purporting to create a claim of lien against any real or personal property of a federal, state or local official or employee, knowing or having reason to know that such document is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid, shall be liable to the owner of such property for the damages and attorney’s fees provided in subsection (1) of this section.