Since I first entered a project in zlien, boundary line modifications have been done that changed some of the APN numbers. We have a recorded lien on the old APN's, do we need to do anything since the APN's have changed?
1 reply
Sep 5, 2018
That's a very interesting situation. First, it's worth noting that if a mechanics lien was valid when filed, some later action should not affect the validity of a filed mechanics lien. However, it's also worth noting that Nevada allows for the amendment of filed mechanics liens - and the state allows it pretty broadly. Under NRS § 108.229(1), "At any time before or during the trial of any action to foreclose a lien, a lien claimant may record an amended notice of lien to correct or clarify the lien claimant’s notice of lien." This varies pretty greatly from other states where, if a lien amendment is even allowed, it's typically only allowed prior to the lien filing deadline rather than based on the lien enforcement action. Further, NRS § 108.229(5) goes on to explicitly state that the property description on a filed lien may be amended. It states, "A notice of lien ... must, for all purposes, be sufficient as a description of the actual property upon which the work was performed or materials or equipment were supplied, and amendment of the notice of lien or amendment of the pleading filed by the lien claimant in a foreclosure action, or both, may be made to state the correct description, and the corrected description relates back to the time of recording the notice of lien..." Thus, it would appear that amending a lien to correct or update the property description is allowable under Nevada's mechanics lien statute. Though, it's worth noting that if an amendment is the result of fraud or intentional misleading, if it will prejudice the adverse party, or if it will damage an innocent third party, the effectiveness may be tempered somewhat.