2017 Nebraska Revised Statutes
Chapter 52 - LIENS
52-1003 Notice; filing officer; duties; liability.
52-1003. Notice; filing officer; duties; liability.
(1)(a) If a notice of federal lien upon real property, a refiling of a notice of federal lien upon real property, or a notice of revocation of any certificate described in subdivision (2)(a) of this section is transmitted to the register of deeds, he or she shall endorse thereon his or her identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the serial number of the district director or title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.
(b) If a notice of federal lien upon personal property, a refiling of a notice of federal lien upon personal property, or a notice of revocation of any certificate described in subdivision (2)(b) of this section is filed in the office of the Secretary of State, he or she shall endorse thereon his or her identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the serial number of the district director or title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.
(2)(a) If a refiled notice of federal lien referred to in subdivision (1)(a) of this section is transmitted for filing to the register of deeds as specified in subsection (1) of section 52-1001, he or she shall file the refiled notice or the certificate with the original notice of lien and shall enter the refiled notice or the certificate with the date of filing in an alphabetical lien index on the line where the original notice of lien is entered.
(b) If a refiled notice of federal lien referred to in subdivision (1)(b) of this section is filed in the office of the Secretary of State as specified in subsection (2) of section 52-1001, he or she shall file the refiled notice or the certificate and cross reference the original notice of lien on the state's central index system and shall enter the refiled notice or the certificate with the date of filing in an alphabetical lien index.
(3)(a) Upon request of any person, the register of deeds shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien, filed under the Uniform Federal Tax Lien Registration Act on or after January 1, 1970, or under the Uniform Federal Lien Registration Act on or after July 9, 1988, naming a particular person and, if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate shall be one dollar and fifty cents. Upon request the register of deeds shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for a fee of one dollar per page.
(b)(i) Prior to July 1, 2001, upon the request of any person, the Secretary of State shall provide information as provided in section 9-411, Uniform Commercial Code, and charge such fees provided in such section, on any notice of lien or certificate or notice affecting any lien filed under the Uniform Federal Lien Registration Act on or after July 1, 1999.
(ii) On and after July 1, 2001, upon the request of any person, the Secretary of State shall provide information as provided in the Uniform Commercial Code and charge such fees provided in section 9-525, Uniform Commercial Code, on any notice of lien or certificate or notice affecting any lien filed under the Uniform Federal Lien Registration Act on or after July 1, 1999.
(4) The register of deeds and his or her employees or the Secretary of State and his or her employees or agents shall be exempt from all personal liability as a result of any error or omission in providing information as required by this section except in cases of willful misconduct or gross negligence.
Source
- Laws 1969, c. 433, § 3, p. 1457;
- Laws 1971, LB 89, § 2;
- Laws 1973, LB 224, § 9;
- Laws 1988, LB 933, § 5;
- Laws 1998, LB 1321, § 85;
- Laws 1999, LB 550, § 22.
