An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Missouri Complaint or Petition to Foreclose on Mechanic's Lien
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How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
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§429.100 RSMo. requires all persons, except a general contractor, to serve upon the property owner a notice ten days prior to filing a mechanics lien. The notice must state that the person has a claim on the improvements to the property, the amount of the claim, and who owes that amount.
The following are some of the defenses that an owner can assert when facing the threat of a lien filing: The mechanic's lien must contain a proper legal description; The lien must be filed and foreclosed on within the applicable statute of limitations periods; The mechanic's lien statement must be notarized;
The Missouri Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.
A claimant who fails or refuses timely to execute an unconditional, final lien waiver when such claimant has been paid in full for any labor, materials, services, or equipment supplied or used in the improvement to the property shall be presumed liable for slander of title and for any damages sustained as a result ...
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.
The easiest and most effective way to remove a mechanic's lien on your property is to negotiate with the contractor and settle the lien. If you do not want to pay the contractor money you feel they don't deserve, you can negotiate the conditions of payment.
Missouri law (R.S.Mo. 429.005. 1, et seq.) grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to a property, provided the lien is properly filed within six months of the last date of work (excluding warranty and corrective work).
