Michigan Release of Lien for Deed of Trust
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How to fill out Release Of Lien For Deed Of Trust?
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FAQ
About Michigan Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.
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.
(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.
As noted above, a Notice of Commencement is required in Michigan, and, the failure to file and post as required can open up the project, property, GC, and owner to ?hidden? mechanics lien claims.
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.
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.
Michigan law provides for the creation of a lien when a taxpayer owes back taxes to the Michigan Department of Treasury to protect the State's interest in the property because of back taxes ? in other words, to ensure that profit from a sale of property is paid to the Michigan Department of Treasury.
You must file a construction lien in Michigan within 90 days of the date you last worked on the property or supplied materials for the improvement project. Failing to meet this strict deadline leaves you without legal recourse.
