Michigan Release of Lien for Contractor
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FAQ
If no lawsuit is filed within the one year, the lien claim dies. The lawsuit to enforce the lien must have attached the Proof of Service of the Claim of Lien, and a Sworn Statement and must join all other lien and mortgage holders.
A Michigan Affidavit for Release of Expired Lien Form is used by property owners to discharge a construction lien that has been filed against their property and has expired with no action to enforce the claim has been commenced.
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.
Michigan provides to contractors, subcontractors, suppliers and laborers a remedy for payment beyond their customer and beyond their contract. This remedy is called a Construction Lien.
To obtain and file a Release of Lien in Michigan, the individual must contact the lien holder for the document, fill out the form with their identification and property information, have the lien holder sign and date the document to validate the lien, and then submit the form to their county Clerk of Courts office ...
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.
