In the event that a party other than the original contractor wishes to claim a lien against improved property, Missouri statutes require that prior to filing a Lien Claim, the claimant should give the property owner ten (10) days written notice. This form sets forth the amount of the lien and must be served upon the property owner or his agent.
Missouri Subcontractor's Notice to Owner - Individual
Category:
State:
Missouri
Control #:
MO-05-09
Format:
Word;
Rich Text
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FAQ
In Missouri, a mechanics lien must be filed within 6 months after the last day of services or materials were provided. This date is crucial to the rights of the project participant. The lien should be filed with the recorder of deeds in the county where the property is located.
Missouri does not require that lien waivers be notarized in order to be effective. However, there are specific signature requirements that apply to residential jobs.
First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well.See Nolo's article, "Breach of Contract Cases in Small Claims Court," for more on this. However, an alleged oral contract does create difficult evidentiary questions for the judge.
A mortgage creates a lien on your property that gives the lender the right to foreclose and sell the home to satisfy the debt. A deed of trust (sometimes called a trust deed) is also a document that gives the lender the right to sell the property to satisfy the debt should you fail to pay back the loan.
2. States where the lien law doesn't require a written contract. In these states, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract.These states typically permit parties with verbal, oral, or even implied contracts to claim lien rights.
While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.
File your lien. If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.
A Missouri mechanics lien stays effective for 6 months from the date the lien was filed.
