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Michigan Certificate of Discharge of Lien by Individual

Oakland Michigan Certificate of Discharge of Lien by Individual

Category:

Liens - Construction - Mechanics

State:

Michigan

County:

Oakland

Control #:

MI-16-09

Format:

Instant download

Description

Michigan statutes require that when a lien has been fully paid, the lien claimant shall issue to the property owner a certificate stating that the claim has been paid and the lien discharged.

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How to fill out Michigan Certificate Of Discharge Of Lien By Individual?

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FAQ

To find out who owns property in Michigan, you can start by visiting your local county clerk or assessor's office. They maintain public property records that include ownership information. Additionally, many counties offer online databases where you can search for property ownership by address or parcel number. If you encounter liens or need to discharge a lien, understanding the property ownership is essential, especially when dealing with an Oakland Michigan Certificate of Discharge of Lien by Individual.

You can get a copy of your deed in Oakland County, Michigan, by visiting the county register of deeds office or their website. Submit a request for a copy, and if you have received an Oakland Michigan Certificate of Discharge of Lien by Individual, include that information to clarify any past liens. This document ensures the accuracy of your property records.

To obtain a copy of your house title in Michigan, you need to contact your local register of deeds office. They manage the records and can provide you with the necessary documents upon request. Having an Oakland Michigan Certificate of Discharge of Lien by Individual, if applicable, will help ensure your title is clear of any liens.

A discharge of lien in Michigan refers to the legal process that cancels a lien against your property, restoring clear title. It typically involves submitting an Oakland Michigan Certificate of Discharge of Lien by Individual, which indicates that the debt has been satisfied. This document is crucial for property owners seeking to sell or refinance their home.

To get your lien released, you need to obtain an Oakland Michigan Certificate of Discharge of Lien by Individual. Start by paying off the debt associated with the lien, then request the discharge from the lienholder. Once you have the discharge, file it with the appropriate county office to officially clear the lien from your property records.

To fill out a quit claim deed in Michigan, start by including the names of the parties involved and a legal description of the property. Make sure to state the type of interest being transferred. After filling out the document, have it notarized and recorded with your local county clerk. For ease, you can use the USLegalForms platform, which provides clear instructions and templates specifically for obtaining the Oakland Michigan Certificate of Discharge of Lien by Individual.

Yes, a quit claim deed can be handwritten in Michigan, but it must still include all necessary elements to be considered valid. It’s crucial to make sure that the legal description and the parties involved are clearly stated. For the Oakland Michigan Certificate of Discharge of Lien by Individual, following proper formatting is vital. Utilizing a template from USLegalForms can guide you in ensuring its validity.

A quit claim deed can become invalid for several reasons, including missing signatures or failure to meet state laws. Improper witnessing or notarization can also lead to issues. Ensuring that your quit claim deed adheres to the necessary legal standards is essential for the Oakland Michigan Certificate of Discharge of Lien by Individual. Using platforms like USLegalForms can help prevent these mistakes.

Yes, you can prepare your own quit claim deed in Michigan. Using a reliable resource like the USLegalForms platform can simplify this process. The platform offers templates that help you draft a quit claim deed accurately. This ensures that it meets all the legal requirements for the Oakland Michigan Certificate of Discharge of Lien by Individual.

To create a quitclaim deed in Michigan, you need the names of the grantor and grantee, a legal description of the property, and the date of transfer. Additionally, a witness is required to sign the deed, and it should be notarized for it to be officially recognized. If any liens exist, you may also want to file the Oakland Michigan Certificate of Discharge of Lien by Individual to avoid complications. USLegalForms can provide you with the necessary templates and step-by-step instructions to ensure a smooth process.

Interesting Questions

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Certificate of Discharge of Lien by Individual

Note: This summary is not intended to be an all-inclusive discussion of Michigan's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every state permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their state should always consult their state statutes directly.

Who can file a lien in this state?

Michigan law permits any contractor, subcontractor, supplier, or laborer, who provides an improvement to real property to claim a lien. The value of the lien may not exceed the amount of the claimant's contract less payments made on the contract. M.S.A. Â§ 570.1107.

How long does a party have to file a lien?

A contractor, subcontractor, laborer, or supplier, must file a Claim of Lien form in the register of deeds office within ninety (90) days after the lien claimant's last furnishing of labor or material. M.S.A. Â§ 570.1111.

By what method is a lien filed in this state?

Michigan statutes provide a form with which a lien claimant may record a Claim of Lien in M.S.A. Â§ 570.1111. The required form sets out names or interested parties as well as the labor or material provided and the amount due and owed. Proof of service of a Notice of Furnishing is required to be attached to a lien claim filed by a subcontractor, supplier, or laborer. M.S.A. Â§ 570.1111

How long is a lien good for?

Proceedings for the enforcement of a construction lien may not be brought later than one (1) year after the date the claim of lien was recorded. M.S.A. Â§ 570.1117

Are liens assignable?

Yes. A lien may be assigned to another party who shall have the same power to enforce the lien and shall be subject to the same obligations. M.S.A. Â§ 570.1125.

Does this state require or provide for a notice from subcontractors and laborers to property owners?

Yes. Michigan law requires a subcontractor or supplier who provides improvements to real property to issue a Notice of Furnishing to the designee and the general contractor, if any, named in the Notice of Commencement. Service must be made by personal delivery or certified mail within twenty (20) days after furnishing the first labor or material. While failure to file a Notice of Furnishing timely does not defeat a lien claimant's right to a lien, it may affect a lien claimant's right to pursue payment for work done prior to the filing of the notice. The form used must be substantially similar to the one set out in M.S.A. Â§ 570.1109.

Also, a lien claimant must provide to the property owner who requests in writing, a statement of the amount of labor and material furnished to the date of the statement, any amount remaining due, and the contractual work remaining to be done. (Please see MI-13-09, MI-15-09). M.S.A. Â§ 570.1113(2).

Does this state require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Michigan law requires a property owner to provide a copy of the contract between the contractor and the owner, as well as a statement of the amount due and unpaid on that contract to any lien claimant who makes a written request for same. (Please see MI-12-09, MI-14-09). M.S.A. Â§ 570.1113(1).

Does this state require a notice prior to starting work, or after work has been completed?

Yes. Michigan law requires the property owner to record a Notice of Commencement in the office of the register of deeds prior to the commencement of any actual physical improvements to real property. The Notice must be posted in a conspicuous place on the property. Any party with an interest in the property may request that the owner, contractor, or subcontractor, provide them with a copy of the Notice. Failure to do so will result in the party failing to honor the request being held liable for any damages that result from the failure. Failing to record the Notice as required will extend the time under which individual lien claimants can file their Notice of Furnishing. Please note that these requirements do not apply to improvements to a residential structure. M.S.A. Â§ 570.1108.

An owner of a residential structure being improved need only supply a Notice of Commencement if a contractor, subcontractor, supplier, or laborer has made a written request. Michigan law sets out the form that must be used in M.S.A. Â§ 570.1108a.

Every Notice of Commencement should have a blank Notice of Furnishing attached. M.S.A. Â§ 570.1108a.

At the completion of work, when payment is due, the contractor is required to provide the owner with a Sworn statement which details the parties who worked on the project and how much they are still owed. Michigan statutes require the sworn statement to be substantially in the same form as provided in M.S.A. Â§ 570.1110. The property owner, after receiving the sworn statement, may withhold on his own initiative, or at the request of the contractor, an amount sufficient to pay all sums which are due to subcontractors, suppliers, or laborers. A contractor is not entitled to any payment or to file a suit to enforce his lien until the statement is filed. M.S.A. Â§ 570.1110(6)-(8).

Does this state permit a person with an interest in property to deny responsibility for improvements?

No. Michigan does not appear to have a Notice of Non Responsibility provision as in some other states.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Michigan statutes contain several versions of a waiver form. These forms are used by a contractor and delivered to the property owner as payments on the construction project are received, and in that way act as a receipt of payment. There are four waiver forms provided: Partial Unconditional, Partial Conditional, Full Unconditional, Full Conditional. All forms permit a contractor to attest in writing that either part or all of a contractor's lien claim is being waived. Further, the contractor can use the partial forms to only release part of his claim in response to a partial payment and may use the conditional forms to only waive part or all of a claim conditional upon a payment being made. M.S.A. Â§ 570.1115.

By what method does the law of this state permit the release of a lien?

Michigan statutes state that when any claim of lien has been fully paid, the lien claimant shall deliver to the owner or his representative a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged. M.S.A. Â§ 570.1127(1).

Also, if the time within which to enforce a lien has elapsed, any party with an interest in the property may make an affidavit to the county clerk attesting to the fact that time has elapsed. If the affidavit is on order, the clerk should issue a certificate to that effect that may be recorded rendering the lien ineffective. M.S.A. Â§ 570.1128.

Does this state permit the use of a bond to release a lien?

Yes. Michigan statutes permit a lien to be vacated and discharged if a bond in the amount of twice the lien amount is filed with the county clerk and a copy provided to the lien claimant. The bond may be either in cash or surety form. M.S.A. Â§ 570.1116.