Section 34.35.310. Release upon filing bond.

   (a) After a lien attaches to property mentioned in AS 34.35.230 -  34.35.315, the owner of the property or a person on behalf of the owner may file with the clerk of the superior court in the judicial district in which the property is located a bond (1) in a sum double the amount claimed in the lien notice; (2) executed by two sureties who have the qualifications of bail upon arrest; (3) to be approved by the clerk of the court; (4) running to the claimant in the lien notice; and (5) conditioned for the payment of the damages, costs, charges, and disbursements recovered by the lien claimant against the owner, or found to be a lien upon the property described in the lien notice.
   (b) The clerk shall issue to the owner or other person a certificate stating that the bond is substituted in place of the property and that the lien on the property is released and discharged. A marginal entry of the release and substitution of bond shall be made in the lien docket in the office of the recorder where the lien statement is recorded.
   (c) If the lien claimant establishes the lien by a suit to enforce it, the claimant is entitled to judgment or decree against the principal and sureties on the bond.
   (d) Nothing in this section deprives a person of a defense that the person would have had if the bond had not been given.  The filing of the bond does not affect the time within which the foreclosure suit shall be started.

Notes

History

(Sec. 26-5-17 ACLA 1949)