Chapter 39

COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.39OTHER LIENS 1CHAPTER 39 OTHER LIENS § 39101. Seller's Lien on Real Property . § 39102. Transfer W aives Lien. § 39103. Seller's Lien. § 39104. Lien Real Property . § 39105. Lien Personal Property . § 39106. Notice of Lien in Excess of $300; Automobiles & Trailers; wh o is Holder of Legal Title; Storage & Parking Liens. § 39107. Lien Holders' Sale. § 39108. Factor's Lien. § 39109. Banker's Lien. § 39110. Shipmasters' Lien. § 39111. Seamen's Lien. § 39112. Court Officer's Lien. § 39113. Judgment Lien. § 39101. Se ller’s Lien on Real Property. One who sells real property has a vendor's lien thereon, indepen dent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer . SOURCE: CC § 3046. § 3910 2. Transfer W aives Lien. Where the buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract bythe seller waives his lien to the extent of the sum payable under the contra ct, but a transfer of such contract in trust to pay debts, and return the surplus, is not a waiver of the lien.

contract bythe seller waives his lien to the extent of the sum payable under the contra ct, but a transfer of such contract in trust to pay debts, and return the surplus, is not a waiver of the lien. SOURCE: CC § 3047. § 39103. Seller's Lien. The liens defined in § 39101 and § 39104 are valid against everyone claiming under the debtor , except a purchaser or encumbrance r in good faith and for value. SOURCE: CC § 3048. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.39OTHER LIENS 2NOTE: CC § 3049, Seller personal property ,was repealed by P .L. 13 -150:10 and replaced by appropri ate parts of 13 GCA (UCC) deal ing with security interests. § 39104. Lien R eal Property. One who pays to the owner any part of the price of real proper ty, under an agreement for the sale thereof, has a special lien upon the property , independent of possession, for such part of the amount paid as he may be entitled to recover ba ck, in case of a failure of consideration. SOURCE: CC § 3050. § 39105. Lien Personal Property. Every person, who, while lawfully in possession of an article of personal property renders any service to the owner thereof, by labor or skill, employed for t he protection, improvement

nal Property. Every person, who, while lawfully in possession of an article of personal property renders any service to the owner thereof, by labor or skill, employed for t he protection, improvement safe keeping, or carriage the reof, has a special lien thereon, dependent upon possession, for the compensa - tion, if any , which is due to him from the owner for such service; a person who makes, alters, or repairs any article of p ersonal property , at the request of the owner, or legal possessor of the property , has a lien on the same for his reason able charges for the balance due for such work done and m aterials furnished, and may retain possession of the same until the charges ar e paid. SOURCE: CC § 3051. § 39106. Same: Notice of Lien in Excess of $300; Automobiles & Trailers; who is holder of legal title; S torage & Parking Liens. That portion of any lien, as provided in '33105 of this Chapter , in excess of Three Hundred Dolla rs ($300) for any work, services, care, parking or safekeeping rendered or per formed at the request or any person other than the holder of legal title, shall be invalid, unless prior to commencing any such work, service, care, parking or

parking or safekeeping rendered or per formed at the request or any person other than the holder of legal title, shall be invalid, unless prior to commencing any such work, service, care, parking or safekeeping, the person claim ing such lien shall give actual notice in writing either by personal service or by registered letter ad dressed to the holder of legal title to such property , if known. In the case of auto mobiles and trailers, the person named as legal owner in the registra tion certifi cate, shall be deemed for the purpose of this Section, as the holder of legal title. SOURCE: CC § 3051a. Amended by P .L. 16 -120:24 (12/18/82). § 39107. Lien Holders' Sale. If the person entitled to the lien provided in § 391 05 of this Chapter be not paid the amount due, and for which said lien is given, within ten days COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.39OTHER LIENS 3after the same shall have become due, then such lienholder may proceed to sell said property , or so much thereof as may be necessary to satisfy the lien and co sts of sale at public auction, and by giving at least ten days' previous notice of such sale by posting notice of sale in three public places in the

eof as may be necessary to satisfy the lien and co sts of sale at public auction, and by giving at least ten days' previous notice of such sale by posting notice of sale in three public places in the town or place where such property is to be sold, for ten days previous to the date of the sale, and by serv ing personal notice upon the owner . SOURCE: CC § 3052. § 39108. Factor's Lien. A factor has a general lien, dependent upon possession, for all that is due to him as such, upon all articles of commer cial value that are entrust ed to him by the same prin cipal. SOURCE: CC § 3053. § 39109. Banker's Lien. A banker has a general lien, dependent upon possession, upon all property in his hands belonging to a custom er, for the balance due to him from such cus tomer in the course of the business. SOURCE: CC § 3054. § 39110. Shipmasters' Lien. The master of a ship has a general lien, independent of posses sion, upon the ship and freightage, for advances necessarily made or liabilities necessarily incurred by him for the benefit of the ship, but has no lien for his wages. SOURCE: CC § 3055. § 39111. Seamen's Lien.

he ship and freightage, for advances necessarily made or liabilities necessarily incurred by him for the benefit of the ship, but has no lien for his wages. SOURCE: CC § 3055. § 39111. Seamen's Lien. The mate and seamen of a ship have a general lien, independent of possession, upon the ship and freightage for their wages, which is superior to every other lien. SOURCE: CC § 3056. § 39112. C ourt Officer's Lien. An officer who levies an attachment or execution upon personal property acquires a special lien, dependent upon possession, upon such property , which authoriz es him to hold it until the process is discharged or satisfied, or a judici al sale of the property is had. SOURCE: CC § 3057.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.39OTHER LIENS 4§ 39113. Judgment Lien. The lien of a judg ment is regulated by Title 7 of this Code [Civil Procedure]. SOURCE: CC § 3058. ---------- NOTE: Chapter VII, Stoppage in Transit, '§ 3076 -3080, has been repe aled by P .L. 13 - 150:11 and replaced by appropri ate parts of Title 13 of this Code (UCC). ---------- NOTE: Title XV of Division III of the Civil Code, Negotiable Instruments, was repealed in its entirety by P .L.

- 150:11 and replaced by appropri ate parts of Title 13 of this Code (UCC). ---------- NOTE: Title XV of Division III of the Civil Code, Negotiable Instruments, was repealed in its entirety by P .L. 13 -150:12 and replaced by appropriate prov isions of Title 13 of this Code, the UCC. ---------- NOTE: The Bulk Transfer Act, CC §§ 3460 -3469, was repealed by P .L. 13 -150:14 and replaced by appropri ate provisions of Title 13 of this Code (UCC). ----------COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.39OTHER LIENS