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(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.
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.
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.
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.
A Release of Lien form in Michigan serves to free an individual's property from a lien placed by a creditor. To obtain and file the form, the lien holder must provide the form, the individual must fill it out and the lien holder must sign and date the form to validate the lien.
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.
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.
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.