Michigan Waiver of Lien by Automobile or Car Mechanic

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US-01793BG
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Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

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FAQ

Illinois disallows any waiver of a right to claim a lien prior to performing work for a project. Illinois has no requirement that a lien waiver must be notarized. Furthermore, electronic signatures are valid on all lien waivers.

Now, lien waivers no longer need to be notarized in Texas, so long as your contract originated after .

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.

Furthermore, lien rights cannot be waived in Michigan prior to payment. They are only effective upon payment of the amount indicated in the waiver. Michigan does not require lien waivers to be notarized; in fact, notarizing could be seen as altering the statutory form.

The priority of mechanics liens in Michigan, as related to other encumbrances on the property, is determined by the first date of actual physical improvement to the property. For a construction loan to have priority over a mechanics lien, the loan must have been recorded prior to any actual, physical work taking place.

Must Ohio lien waivers be notarized? No. Ohio's lien law does not require that a lien waiver be notarized to be valid.

No. New Jersey lien waivers do not need to be notarized, in order to be valid.

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Michigan Waiver of Lien by Automobile or Car Mechanic