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BORST BROTHERS v. FINANCE OF AMERICA

No. 20-0972.

975 N.W.2d 690 (2022)

BORST BROTHERS CONSTRUCTION, INC., Appellee, v. FINANCE OF AMERICA COMMERCIAL, LLC, Appellant. Finance of America Commercial, LLC, Appellant, v. Thomas Dostal Developers, Inc., and Randy T. Dostal, Appellees, and Kelly Concrete Company, Inc., Affordable Heating and Cooling, Inc., 5 Star Plumbing, Inc., and Borst Brothers Construction, Inc., Appellees, Borst Brothers Construction, Inc., Appellee, v. Finance of America Commercial, LLC, Appellant. Finance of America Commercial, LLC, Appellee, v. Thomas Dostal Developers, Inc., and Randy T. Dostal, Appellants, and Kelly Concrete Company, Inc., Darnell Holdings, LLC d/b/a Darnell Construction, Affordable Heating and Cooling, Inc., 5 Star Plumbing, Inc., Borst Brothers Construction, Inc., and Ken-Way Excavating Service, Inc., Appellees.

Supreme Court of Iowa.

Filed June 17, 2022.

Attorney(s) appearing for the Case

John F. Fatino of Whitfield and Eddy, P.L.C., Des Moines, for appellant Finance of America Commercial, LLC.

Matthew L. Preston , Brad J. Brady , and David T. Meyers (until withdrawal) of Brady Preston Gronlund PC, Cedar Rapids, for appellee Borst Brothers Construction, Inc.

S.P. DeVolder of The DeVolder Law Firm, P.L.L.C., Norwalk, for appellees Thomas Dostal Developers, Inc. and Randy T. Dostal.

William H. Roemerman of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellee Kelly Concrete Co., Inc.

Mansfield, J., delivered the opinion of the court, in which Christensen, C.J., and Appel and Waterman, JJ., joined. McDermott, J., filed a dissenting opinion, in which McDonald and Oxley, JJ., joined.

I. Introduction.

Since 2012, Iowa has used a centralized, internet-based registry for mechanics' liens. To assure the smooth functioning of this registry, and also assure that homeowners and buyers are aware of the risk that such liens may be placed on a property, general contractors and owner-builders are supposed...

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