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Minnesota Mechanic's Lien Statement by Individual - UCBC Form 40.1.1

State:
Minnesota
Control #:
MN-2066M
Format:
PDF
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Description

Minnesota law states that any lien expires at the end of one hundred and twenty (120) days after work ceases, unless the lien claimant files a verified statement of account within that period. This form specifically states all the information required by statute to preserve the claimant's lien. A copy of the verified statement must be served personally or by certified mail and be verified by the oath of the party claiming the lien.


Minnesota Mechanic's Lien Statement by Individual CBCBC Form 40.1.1 is a legal document used to secure the payment of a debt owed to an individual for labor or materials used in the construction of a project. The Minnesota Mechanic's Lien Statement by Individual CBCBC Form 40.1.1 is filed with the county recorder of the county in which the project is located and serves as notice to the property owner that an individual has a claim against the property for money owed. The lien statement must include the individual's name, address, and a description of the labor or materials provided. It must also include the name of the owner of the property, a description of the property, and the amount of the claim. The two types of Minnesota Mechanic's Lien Statement by Individual CBCBC Form 40.1.1 are a Preliminary Notice and a Statement of Claim. The Preliminary Notice is used to inform the property owner of the individual's claim before the work begins and must be filed within 90 days of the start of the work. The Statement of Claim is used to formally file the lien with the county recorder and must be filed within 180 days of the completion of the project.

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FAQ

If a lien is filed against your property (in the form of a lien statement), it must be filed with the county recorder and a copy delivered to you, the property owner, either personally or by certified mail, within 120 days after the last material or labor is furnished for the job.

A person whose company is required to be licensed and who performs unlicensed work as a residential building contractor or remodeler is guilty of a misdemeanor. In addition, an unlicensed person who knowingly violates the law has no right to claim a lien and the lien is void.

In Minnesota, these protections are fairly strict. Minnesota forbids waiving the right to file a mechanics lien prior to the actual receipt of payment. Any such waiver is void and unenforceable.

Court Petition to Release the Property Lien If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanics lien and take action to foreclose, you may petition the court for a decree to release the property from the lien.

In Minnesota, typically the mechanic's lien attaches to the property not by recording a document against the property, but upon the first visible improvement to the real property. All subsequent lien claimant's priority relate-back to that first visible improvement.

In Minnesota, mechanics liens expire 1 year from the date of the lien claimant's last furnishing of labor or materials to the project. Claimants must initiate an enforcement action before the expiration deadline.

A lien statement is filed in the county in which the property that received work or materials I located. A copy must be delivered to the property owner either personally or through certified mail. The lien must be filed within 120 days after the last material or labor is supplied for the property.

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Minnesota Mechanic's Lien Statement by Individual - UCBC Form 40.1.1