47-9528. Nonconsensual lien

A. A nonconsensual lien, other than a lien filed by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, is not valid unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien and does not have the force or effect of law.

B. If a nonconsensual lien is accepted for filing as described in subsection A, the recording officer shall accept for filing a notice of invalid lien that is signed and submitted by the attorney general or county attorney. The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who filed the nonconsensual lien at the address of each as stated on the filed document. The purported lien is conclusively presumed to be invalid on the filing of the invalid lien.

C. The secretary of state, a recording officer or a county is not liable for accepting a nonconsensual lien for filing pursuant to subsection A or a notice of invalid lien pursuant to subsection B.

47-9528. Nonconsensual lien

A. A nonconsensual lien, other than a lien filed by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, is not valid unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien and does not have the force or effect of law.

B. If a nonconsensual lien is accepted for filing as described in subsection A, the recording officer shall accept for filing a notice of invalid lien that is signed and submitted by the attorney general or county attorney. The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who filed the nonconsensual lien at the address of each as stated on the filed document. The purported lien is conclusively presumed to be invalid on the filing of the invalid lien.

C. The secretary of state, a recording officer or a county is not liable for accepting a nonconsensual lien for filing pursuant to subsection A or a notice of invalid lien pursuant to subsection B.