Alaska Statutes
Alaska Stat. § 34.20.140 (2026)
Recording memorandum extending lien
✓ current as of July 2026
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Sec. 34.20.140. Recording memorandum extending lien.
Where the payment of an existing contract (a bill of exchange, promissory note, bond, or other evidence of indebtedness) is secured by an instrument creating a lien upon real estate, payment on the contract does not extend the lien beyond its original or extended period as against subsequent purchasers, optionees, mortgagees, creditors, or persons acquiring a lien upon the real estate, unless
(1) a memorandum of the payment is recorded in the office of the recording district where the property is located;
(2) the memorandum is recorded before the end of the statutory time for bringing an action upon the existing contract and extensions as exhibited by the terms of the recorded instrument; and
(3) the memorandum is signed and acknowledged by the owner or the representative of the owner of the existing contract of indebtedness.
Where the payment of an existing contract (a bill of exchange, promissory note, bond, or other evidence of indebtedness) is secured by an instrument creating a lien upon real estate, payment on the contract does not extend the lien beyond its original or extended period as against subsequent purchasers, optionees, mortgagees, creditors, or persons acquiring a lien upon the real estate, unless
(1) a memorandum of the payment is recorded in the office of the recording district where the property is located;
(2) the memorandum is recorded before the end of the statutory time for bringing an action upon the existing contract and extensions as exhibited by the terms of the recorded instrument; and
(3) the memorandum is signed and acknowledged by the owner or the representative of the owner of the existing contract of indebtedness.
Notes of Decisions
Cited in 2
cases, 1986–2002 · leading case: McIntyre v. Ticor Title Ins., 658 F. Supp. 944 (D. Alaska 1986).
McIntyre v. Ticor Title Ins., 658 F. Supp. 944 (D. Alaska 1986). “This contention is based upon the SBA’s interpretation of AS 34.20.140 and AS 34.-20.150(a). Reduced to the terms which are essential to understanding the dispute between the SBA and Plaintiffs, AS 34.”
Holta v. Certified Fin. Servs., Inc., 49 P.3d 1104 (Alaska 2002). “Certified Financial identifies statutory provisions requiring extensions to be recorded in two situations: under AS 34.20.140, when payment is made on a contract secured by a real estate lien, the payment will not extend the lien unless a memorandum of payment is recorded; 12…”
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