(1) Any person having an interest in real estate may release the real estate from liens which have attached to it by:
(a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a sum of money in cash, certified check, or other bank obligation, or a surety bond issued by a surety company authorized to do business in this state, in an amount sufficient to pay the total of the amounts claimed in the liens being released plus fifteen percent of such total; and
(b) Recording, as provided in section 52-151, a certificate of the clerk of the district court showing that the deposit has been made.
(2) The clerk of the district court has an obligation to accept the deposit and issue the certificate.
(3) Upon release of the real estate from a lien under this section, the claimant's rights are transferred from the real estate to the deposit or surety bond and the claimant may establish his or her claim under sections 52-125 to 52-159, and upon determination of the claim the court shall order the clerk of the district court to pay the sums due or render judgment against the surety company on the bond, as the case may be.
Notes of Decisions
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022).
· cites it 9× “The function of the surety bond under Neb. Rev. Stat. § 52-142 (Reissue 2021) is to release the property from the lien and to transfer the claimant’s rights from the property to the surety bond.”
Hormandl v. Lecher Constraction Co., 436 N.W.2d 188 (Neb. 1989).
· cites it 5× “Pursuant to the provisions of Neb. Rev. Stat. § 52-142 (Reissue 1988), Lecher filed a surety bond issued by appellant Universal of Omaha Casualty Insurance Company (Universal), thus substituting the bond as the collateral of the lien.”
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997).
· cites it 2× “After substituting collateral pursuant to Neb. Rev. Stat. § 52-142 (Reissue 1993), Christensen challenged the lien, contending its ownership in the lots in question was not subject to Midlands’ lien.”
Gomez v. Kenney Deans, Inc., 446 N.W.2d 209 (Neb. 1989).
· cites it 2× “Neb. Rev. Stat. § 52-142 (Reissue 1988) provides: (1) Any person having an interest in real estate may release the real estate from hens which have attached to it by: (a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a…”
Fru-Con Constr. Corp. v. Controlled Air (8th Cir. 2009).
“" Neb. Rev. Stat. § 52-142 (1)(a). Upon the deposit of a bond, "the claimant's rights are transferred from the real estate to [that] bond and the claimant may establish his or her claim under the [Act].”
— Neb. Rev. Stat. § 52-142(1)(a) — 1 case
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022).
“The function of the surety bond under Neb. Rev. Stat. § 52-142 (Reissue 2021) is to release the property from the lien and to transfer the claimant’s rights from the property to the surety bond.”
— Neb. Rev. Stat. § 52-142(3) — 1 case
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022).
“The function of the surety bond under Neb. Rev. Stat. § 52-142 (Reissue 2021) is to release the property from the lien and to transfer the claimant’s rights from the property to the surety bond.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.