Missouri Notice of Lien and of Sale of Personal Property Pursuant to Non-Statutory Lien

State:
Multi-State
Control #:
US-01015BG
Format:
Word; 
Rich Text
Instant download

Description

A common-law lien is the right of one person to retain in his possession property that belongs to another until a debt or claim secured by that property is satisfied. It pertains exclusively to personal property. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A Missouri Notice of Intent is a critical step to secure your MO mechanics lien rights on private construction projects. This Missouri lien notice form is required to be sent by any potential claimants who did not contract directly with the property owner at least 10 days before filing a mechanics lien claim.

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.

Every Lien Has An Expiration Date ? If your lien remains inactive i.e. no resolution, settlement, or pursuit of legal action by the time of its expiration date, your lien will no longer be considered valid and legally enforceable.

A right which entitles a party to hold on to assets in his possession pending payment of a debt owed. It can arise in the following ways: Equity. From the operation of law (a legal or common law lien). Bargained for, or extended, as a matter of contract (a contractual lien).

Statutory liens arise by operation of law In certain circumstances, creditors obtain security interests by the operation of state (or federal) laws and not by the consent of or a security agreement with the debtor. Examples of statutory liens include: Mechanic's liens.

This notice is required if the work is intended to ?facilitate? a sale of the property to a ?bona fide purchaser?. This notice must be recorded at least forty-five days prior to the earliest date on which the owner intends to close on the sale of the property, and it must provide the closing date.

Non-purchase-money security liens. Statutory liens. Mechanic's liens / tax liens. Judgment liens.

Commentary: a lien is a claim or charge on property for the payment or performance of some debt, obligation or duty. Rights of this kind may be created by express agreement between the parties. They may also arise by operation of the common law or a statute.

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Missouri Notice of Lien and of Sale of Personal Property Pursuant to Non-Statutory Lien