45-521 RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND -- HEARING ON PETITION -- CONTENTS AND EFFECT OF ORDER RELEASING LIEN. - Idaho Statutes

TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 5

LIENS OF MECHANICS AND MATERIALMEN

45-521. Release of lien on real property by posting surety bond -- Hearing on petition -- Contents and effect of order releasing lien. (1) Upon the hearing, the court shall enter its order releasing the mechanic’s lien upon the petitioner’s filing in open court the original bond, and introducing into evidence a receipt for payment of the premium.

(2) The entry of the order by the court must refer to the property which is the subject of the lien and the lien itself, by instrument number, and must recite that the lien is released of record for all purposes to the same extent as if released of record by the lienor.

(3) Upon entry of the order, the lien is released of record in its entirety and for all purposes and the real property, the subject of the lien, is released from the encumbrances of the lien.

(4) There is no appeal from the entry of an order pursuant to the provisions of this section and upon entry the order is final for all purposes.