Michigan Assignment of Lien by General Contractor
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How to fill out Assignment Of Lien By General Contractor?
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FAQ
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.
Written Contracts A contractor is not entitled to a construc- tion lien against the interest of any owner or lessee in a residential structure unless the contractor has a written contract with the owner or lessee. 53 A contractor is a person in direct contract with the owner or lessee.
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.
Under Michigan lien law, you must file and serve your lien claim. You must serve a copy of the lien on the designee within 15 days of filing. If there is no designee, serve the copy on the property owner. Serve the lien personally, or send it via certified mail, return receipt requested.
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.
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.