Michigan Certificate of Satisfaction of Mechanic's or Construction Lien

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Multi-State
Control #:
US-01032BG
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Word; 
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Description

A mechanic's (or construction) lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien attaches to the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute. This form is a sample of a certificate of a lienholder that the debt secured by the release has been paid and stating that the lien should be marked discharged in the appropriate land records.


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

Note: if the project is residential, a general contractor may only file a lien if there is a written contract with the property owner.

2 An unlicensed builder is not entitled to claim a lien against the property. In addition, unless your written contract contains other language required by Michigan Construction Lien Act, MCL 570.110 et seq., that, too, may bar you from recording a claim of construction lien.

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.

About Michigan Notice of Intent to Lien Form Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of mi, they are frequently successful at producing payment (without having to take the next step of filing a lien).

Lien must be filed within 90 days from last providing materials or labor. An action to enforce a Michigan mechanics lien must be commenced within 1 year from filing of lien. This deadline may not be extended. Notice of furnishing to owner and prime within 20 days after first providing labor or materials.

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.

Requirements and Limitations of Filing a Mechanics Lien in Michigan. In Michigan, Mechanics Liens must be filed within eight months after the last labors or materials are provided. The lien document must include the name and address of the claimant, the description of the property, total amount due, and filing date.

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.

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Michigan Certificate of Satisfaction of Mechanic's or Construction Lien