Filing of County, Federal, Mechanic’s and State Liens
County Liens:
There are several types that the law allows the county to file in the Register of Deeds office. Those liens are care of poor, jail confinement liens, court appointed attorney and ambulance. These liens as a matter of law attach to any property that some one may own at the time the lien is taken against them or acquires after the lien was filed.
Federal and State Tax Liens:
The State and Federal Governments file several liens for all different kinds of non-payment of taxes, such as income tax, payroll taxes, sales tax, overpayment of unemployment insurance, excise tax etc.
These liens are computerized in an alphabetical index by the name of the debtor. You may search this index on our computer system at the courthouse yourself or obtain a lien search from us for a fee of $20.00 per name searched plus $1.00 per page for copies if requested. If you want us to search Federal and State Tax Liens there is a form that needs to be filled out. If you want any information concerning Federal Tax Liens over the phone we can give you that information verbally. There is a $15.00 search fee per person for any information communicated to you verbally.
Mechanic’s Liens
Mechanic’s and Materialmen’s Liens may be filed pursuant to SDCL 44-9 and all applicable subdivisions. We do not have forms for these liens to be filed in our office.
The fee for filing a Mechanic’s lien is $30.00 up to the first 50 pages and $2.00 per page thereafter. A satisfaction of the Mechanic’s Lien is filed for no fee. See South Dakota Codified Laws for providing proper notice to the parties the lien is being taken against.
The mechanic’s lien must be verified by the claimant in front of a notary as well as acknowledged in front of a notary. This usually requires the claimant and the notary signing the document twice; once in the verification and once in the acknowledgment. There are filing deadlines in order to make these liens valid. You will need to check with your attorney to find these dates out as they may vary depending on your circumstances and whether a “Notice of Commencement” has been filed.
Requirements for a Mechanic’s Lien to be recordable:
Margin space at the top of the first page for recording information.
Prepared By Statement- must include phone number.
Notice or Intent to claim a lien.
Filing may only occur within 120 Days of LAST day of work or materials.
Total Amount of Lien.
Itemized Statements.
Name and Address of Owner/s or any person with interest such as Property Owner or Contractor.
Name and Address of Claimant.
Dates of 1st & Last items contributed.
LEGAL Description.
Certified Mail USPS Receipt (green slips) – This MUST be filled out and attached/included for each address mailed to. Any changes to the document after sending may need resent. This office recommends seeking legal counsel.
Verification or Oath of knowledge of facts presented in documents are true – must be signed before certified mail receipt’s date.
Acknowledgment of Claimant is who they are, stating they are before a Notary (JURAT) and must be signed before certified mail receipt’s date.
$30 Filing Fee
Copy Fees as applicable – the original stays in the office as a permanent record.
If you do not have an attorney, the South Dakota Bar Association maintains a list. They can be reached at http://www.sdbar.org/
Judgements are not filed in the Register of Deeds office.
Contact Us
Davison County, Register of Deeds
Danna Kolbeck
200 East 4th Ave.
Mitchell, SD 57301
Telephone: 605-995-8616
Fax: 605-995-8648
Email: [email protected]