Properly Notarizing Liens in Idaho

Recently, in the matter of First Federal Savings Bank of Twin Falls v. Riedesel Engineering, Inc., the Idaho Supreme Court invalidated a Lien which failed to include an adequate verification.  

Under Idaho Law, a Lien has to be verified by the oath of the Lien claimant, their agent, or attorney.  While Idaho Courts have discussed this issue at various times, this Supreme Court made clear in the First Federal Savings case, that a mere acknowledgement signed by a Notary is not sufficient because that is only a statement that the person acknowledged that they were signing on behalf of the Company.  Instead, the verification must include a statement from the Notary that the person who signed it was sworn by the Notary and not simply a person who made themselves known to the Notary by way of a Driver’s License. 

Therefore, anyone filing their own Liens in Idaho needs to make sure that the statement from their Notary includes language to the effect that the person appearing before the Notary was “subscribed and sworn to before me” in order to demonstrate that the formal requirements for a verification exist.