Michigan Release of Mechanic's or Construction Lien

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Multi-State
Control #:
US-01028BG
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Word; 
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Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

You must file a complaint to foreclose the lien within one year of recording of claim of lien. The complaint must be filed in the circuit court for the county in which the project property is located.

In all cases, the recorded Claim of Lien has a one-year life span; meaning that a lawsuit to enforce or foreclose the lien must be filed within one year after the date the Claim of Lien is recorded. If no lawsuit is filed within the one year, the lien claim dies.

There are two basic ways to remove a construction lien. First, if no lawsuit is filed within a year, the homeowner can obtain a certificate from the circuit court clerk confirming that no lawsuit has been filed and the lien is removed by recording the clerk certificate with the register of deeds.

(1) When any claim of lien has been fully paid, the lien claimant shall deliver to the owner, lessee, or other person making payment a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged.

Discharging an old construction lien in Michigan is a 3-step process: Prepare an Affidavit. ... Submit the Affidavit to the County Clerk. ... Record the Certificate.

In all cases, the recorded Claim of Lien has a one-year life span; meaning that a lawsuit to enforce or foreclose the lien must be filed within one year after the date the Claim of Lien is recorded. If no lawsuit is filed within the one year, the lien claim dies.

First, if no lawsuit is filed within a year, the homeowner can obtain a certificate from the circuit court clerk confirming that no lawsuit has been filed and the lien is removed by recording the clerk certificate with the register of deeds. The second way is through a bonding-off process.

No, the Michigan statutory lien waiver forms do not require notarization in order to be valid, only a signature by the claimant or the claimant's authorized agent is required.

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Michigan Release of Mechanic's or Construction Lien