According to Missouri statutes, "It shall be the duty of every contractor... within six months after the indebtedness shall have accrued to file with the clerk of the circuit court of the proper county a just and true account of the demand due him or them after all just credits have been given..." The Lien Claim filing must be verified by the oath of the lien claimant or some credible person for him.
Missouri Lien Claim - Individual
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State:
Missouri
Control #:
MO-04-09
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Word;
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FAQ
Can a lien be placed on your property without you knowing? Yes, it happens. Sometimes a court decision or settlement results in a lien being placed on a property, and for some reason the owner doesn't know about it initially.
Voluntary and Involuntary Liens. Creditors, such as a mortgage or car lender, can ask borrowers to put up the purchased property as collateral as part of the condition of the loan. Creditors With Involuntary Liens. Judgment Liens. Other Types of Involuntary Liens.
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.
How do property liens work? Property liens are legal claims against property granted by a court to a creditor when a debtor doesn't pay their debts. Liens are filed with the county office and sent to the property owner advising them of repossession of the asset(s).
In Missouri, the lien claimant must file the mechanics lien with the clerk of the circuit court in the county in which the property is located and provide the required preliminary notices. There is no requirement, however, that the lien be served on any party subsequent to its recording.
File your lien. If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.
Which is a voluntary lien against a person's property? Mortgage lien.
Removing a Lien a Your MO Title Payment for the $14.50 fee. EITHER: The Notice of Lien, Lien Release, or Authorization to Add/Remove Name from Title (Form DOR-4809), sent to you by your lienholder. A notarized statement on your lienholder's letterhead stating that the lien is released.
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.