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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.
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.
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.
Lien claims must be discharged when the underlying claim is paid or the lien must be dissolved for any other reason provided by law. To accomplish this, the claimant records a discharge of lien document in the Register of Deeds in the county where the property is located.
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.