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.
Michigan Partial Release of Mechanic's or Construction Lien
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Multi-State
Control #:
US-01029BG
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Word;
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How to fill out Partial Release Of Mechanic's Or Construction Lien?
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FAQ
(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.
The Michigan Discharge of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.
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.
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.
Note: if the project is residential, a general contractor may only file a lien if there is a written contract with the property owner.
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.