Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 45 - Mechanics' Notice and Lien Registry › Rule 721-45.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This chapter applies to the creation and administration of a mechanics' notice and lien registry under Iowa
										Code chapter 572. All filed mechanics' liens must be posted in the office of the administrator in accordance
										with these rules.
Mechanics' liens filed prior to January 1, 2013, shall remain with the
											  clerk of the district court of the county in which the building, land, or improvement charged with the lien
											  is situated.
Rules 721-45.4 (572) and 721-45.5 (572) apply only to residential
											  construction. All other rules in this chapter apply to both residential and commercial
											  construction.
(2)
Definitions.
The
										following terms shall have the respective meanings provided in this rule.
"Administrator"
means the secretary of state.
"Building"
shall be construed as if followed by the
											  words "erection, or other improvement upon land."
"Claimant"
means a person entitled to a lien under Iowa
											  Code chapter 572.
"Filing office"
means the office of the secretary of
											  state. The address of the office is Lucas State Office Building, First Floor, 321 East 12th Street, Des
											  Moines, Iowa 50319.
"General contractor"
means every person who does work or
											  furnishes materials by contract, express or implied, with an owner. "General contractor" does not include a
											  person who does work or furnishes materials on contract with an owner-builder.
"Index"
means the categories by which a posting may be
											  searched and retrieved.
"Labor"
means labor completed by the claimant.
"Material,"
in addition to its ordinary meaning,
											  includes machinery, tools, fixtures, trees, evergreens, vines, plants, shrubs, tubers, bulbs, hedges, bushes,
											  sod, soil, dirt, mulch, peat, fertilizer, fence wire, fence material, fence posts, tile and the use of forms,
											  accessories, and equipment furnished by the claimant.
"Mechanics' notice and lien registry"
or
"MNLR"
means a centralized computer database maintained on the Internet by the administrator
											  that provides a central repository for the submission and management of preliminary notices, notices of
											  commencement of work on residential construction properties, and mechanics' liens on all construction
											  properties.
"Mechanics' notice and lien registry number"
or
"MNLR number"
means a number provided by the administrator for all construction properties
											  posted to the mechanics' notice and lien registry.
"Owner"
means the legal or equitable titleholder of
											  record.
"Owner-builder"
means the legal or equitable titleholder
											  of record who furnishes material for or performs labor upon a building, erection, or other improvement, or
											  who contracts with a subcontractor to furnish material for or perform labor upon a building, erection, or
											  other improvement and who offers or intends to offer to sell the owner-builder's property without occupying
											  or using the structures, properties, developments, or improvements for a period of more than one year from
											  the date the structure, property, development, or improvement is substantially completed or abandoned.
"Owner notice"
means notification to the owner.
"Post"
or
"posting"
means to enter
											  notices, liens and any other document on the mechanics' notice and lien registry.
"Residential construction"
means construction on
											  single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for
											  residential purposes, and includes real property pursuant to Iowa Code chapter 499B.
"Subcontractor"
means every person furnishing material
											  or performing labor upon any building, erection, or other improvement, except those having contracts directly
											  with the owner. "Subcontractor" shall include those persons having contracts directly with an
											  owner-builder.
"Submit"
or
"submission"
means to mail,
											  fax, or deliver by person or courier a paper document.