This form is used by a lien claimant to release part of a lien after payment in full when the lien was filed upon multiple lots, tracts, or parcels. The text of the form comes directly from statute and serves to identify exactly which part of the lien has been paid and which has been released.
Missouri Partial Release of Mechanic's Lien - Corporation
Category:
State:
Missouri
Control #:
MO-03A-09
Format:
Word;
Rich Text
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FAQ
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.
Avoid harassing the people that owe you money. Keep phone calls short. Write letters. Get a collection agency to write demand letters. Offer to settle for less than is due. Hire a collection agency. Small claims court. File a lawsuit.
In Missouri, when the claim is paid, the lien claimant is required to file a release of mechanics lien statement in the circuit court in which the lien was filed. This should be done whether or not requested by the party making payment as failure to file the release within 10 days may result in a claim for damages.
Missouri does not require that lien waivers be notarized in order to be effective. However, there are specific signature requirements that apply to residential jobs.
Keep in mind, however, that you must file this notice within 6 months after you recorded the mechanics lien. If you do not initiate foreclosure within the 6-month period, the mechanics lien will expire and it will no longer hold a claim against the property.
When your efforts to collect a bill from a business that owes you money have been unsuccessful, you can place a lien on the assets of the business. As a lienholder, you gain legal rights to the company's property and the authority to sell the property and use the proceeds to repay what is owed to you.
Generally, this requires the assistance of a lawyer. The homeowner may petition the courts under Civil Code Section 8480 in California to remove the mechanic's lien when it is not timely issued or recorded. A lawsuit is usually necessary to file it against the owner by the contractor or subcontractor.
