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How do I cancel a "notice of intent to lien"?

Idaho

How do I cancel the "notice of intent to lien"? We have filed a notice of intent but then received an email this morning saying that we either had to file it or release it. If we do have to release it, how much does it cost? Is a release necessary with a "notice of intent"?

1 reply

Sep 23, 2020
A Notice of Intent to Lien (NOI) in Idaho is (a) not a required document and (b) isn't actually filed anywhere. Rather it's simply a letter sent to the owner stating that if you aren't paid what you're owed within a certain timeframe, that you are ready to file a mechanics lien. Since there's nothing filed, there would be nothing to release. But I'm going to draw some conclusions here, under two potential scenarios. You've been paid If you have been paid, the use of the word "release" may be in reference to a lien waiver and release. This is a common point of confusion. This is a reasonable request if you've received full payment, as it will act as a receipt for payment while waiving any right to file a lien for that amount. If this is the case, then you can download a Final, Unconditional Lien Waiver template here. You haven't been paid If you have yet to receive payment, then this may simply be a tactic on behalf of the owner. Kind of a "put up or shut up" move, requesting you to either waive ("release")  your lien rights or go ahead and file your claim. Or, the property owner doesn't understand the purpose of a n NOI. In any case, you currently have the leverage here. If they are being uncooperative regarding payment, then filing your lien claim might be the next best step here. Hope this helps! Feel free to respond in this thread if you have any further questions.
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