US Legal Forms
Localized Forms
Michigan
Oakland
Michigan Certificate That No Foreclosure Proceedings Have Been...

Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC

Category:

Liens - Construction - Mechanics

State:

Michigan

County:

Oakland

Control #:

MI-17A-09

Format:

Instant download

Description

Michigan statutes set the time within which a party may foreclose on a lien at one year from the filing of the lien. Any corporate or LLC party with an interest in the property encumbered by the lien may, after the expiration of that time, file an affidavit with the register of deeds stating that time has expired. The county clerk may then issue a certificate to that effect which may be filed and renders the lien ineffective.

Oakland Certificate of Discharge of Lien - Corporation or LLC

View this form

Sterling Heights Certificate That No Foreclosure Proceedings Have Been Commenced - Individual

View this form

Detroit Certificate of Secretary of Corporation as to Commercial Loan

View this form

Detroit Release of Mortgage of Lien

View this form

Detroit FIRPTA Certificate of Non-Foreign Status - Entity

View this form

17.12 Copyright Interests -Assignee

View this form

Lead Based Paint Disclosure for Sales Tran...

View this form

Agreement for Accord and Satisfaction - Di...

View this form

Contract to be Exclusive Agent or Realtor ...

View this form

Accident or Injury Report

View this form

Petition for Writ of Habeas Corpus (Sec. 2...

View this form

Termination or Cancellation of Listing Agr...

View this form

Mortgage Deed

View this form

Proposed amendment to Bylaws regarding dir...

View this form

Sample Letter to Client to Notify of Full,...

View this form

How to fill out Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation Or LLC?

No matter a person's social or professional level, completing legal paperwork is an unfortunate obligation in the present-day society.

Frequently, it’s nearly impossible for someone lacking a legal background to create these types of documents from scratch, particularly due to the intricate terminology and legal subtleties they encompass.

This is where US Legal Forms steps in to assist.

Ensure the template you select is appropriate for your locality as the regulations of one state or county do not apply to another.

Available for any situation you may need assistance with, US Legal Forms is here to help. Try it now and experience it for yourself.

Our platform provides an extensive collection of over 85,000 ready-to-use region-specific documents suitable for nearly any legal situation.
US Legal Forms also serves as a valuable resource for associates or legal advisors who wish to save time with our Do-It-Yourself forms.
Whether you require the Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC or any other document applicable in your region or jurisdiction, everything is readily accessible through US Legal Forms.
Here’s how to swiftly acquire the Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC using our reliable service.
If you are an existing user, you can proceed to Log In to your account to access the necessary form.
However, if you are unfamiliar with our site, please follow these steps before obtaining the Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC.

Form popularity

FAQ

Yes, many counties in Michigan, including Oakland County, provide online access to property deeds through their Register of Deeds websites. By entering the required information, you can view and print a copy of your deed if it is available. This online convenience helps when you need documentation for an Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC.

Typically, after closing, your title company or attorney will record the deed with the county and send you a copy. You should receive the original deed in the mail or through your representative within a few weeks after the closing date. Keep this document safe, as it may be necessary for applying for an Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC.

To obtain the deed to your house in Oakland County, you should contact the Oakland County Register of Deeds office. Their website may also offer an online search feature that allows you to request your deed digitally. Having the deed can assist you with acquiring an Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC.

Getting articles of incorporation in Michigan can take around 5 to 10 business days, depending on the current processing times at the Department of Licensing and Regulatory Affairs. If you prefer quicker results, consider submitting your application through a professional service like US Legal Forms. This is especially crucial when acquiring an Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC.

To convert your LLC to an S Corporation in Michigan, you must first file Form 2553 with the IRS, which allows your entity to be taxed as an S Corp. It's essential to also check with Michigan state requirements to ensure that all local regulations are met. Utilizing services like US Legal Forms can simplify this process, especially if you are managing an Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC.

To file an LLC in Michigan, you need to complete the Articles of Organization and submit them to the Michigan Department of Licensing and Regulatory Affairs. The process also involves selecting a unique name for your LLC and designating a registered agent. By using US Legal Forms, you can navigate the intricacies of filing smoothly, especially if you need an Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC.

The approval process for articles of incorporation in Michigan typically takes around 5 to 10 business days. However, if you're seeking an Oakland Michigan Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC, timing might vary. To expedite the process, consider using a service like US Legal Forms, which can help ensure all your paperwork is complete and submitted correctly.

Trusted and secure by over 3 million people of the world’s leading companies

Certificate That No Foreclosure Proceedings Have Been Commenced - Corporation or LLC

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.