Kansas City Missouri Partial Release of Mechanic's Lien - Individual

State:
Missouri
City:
Kansas City
Control #:
MO-03-09
Format:
Word; 
Rich Text
Instant download

Description

This form is used by a lien claimant to release part of a lien after payment in full when the lien was filed upon multiple lots, tracts, or parcels. The text of the form comes directly from statute and serves to identify exactly which part of the lien has been paid and which has been released.


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FAQ

O If the lienholder is an individual, a notice of release (lien release section of DOR-4809) must be completed, signed, and notarized. An estate executor may release the lien by submitting the above with an original or certified copy of the probate court order. information is legible.

In most states the lender holds the certificate of title until the lien is released, but in Missouri titles are usually sent back to the owner with the lien noted on the face of the title.

Lien release letters should have a conspicuous title such as ?Release of Lien? at the top of the page. The first paragraph should list the date the lien was placed on the property and the names and addresses of both the lienholder and the owner of the property.

When you borrow money to purchase a car, the lender files a lien on the vehicle with the state to insure that if the loan defaults, the lender can take the car. When the debt is fully repaid, a release of the lien is provided by the lender.

A subcontractor or supplier not in privity of contract with a property's owner must provide the owner with at least 10 days' written notice prior to filing a lien statement.

You must provide the following to the new vehicle owner: General Affidavit (Form 768) Document or a written statement indicating the vehicle was given as a gift. NOTE: The General Affidavit or statement does not have to be notarized. Lien Release (Form 4809), notarized, if applicable.

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.

A judgment lien is one way to ensure that the person who won the judgment (the creditor) gets what he or she is owed. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property.

Missouri Statute 429.005 et seq. grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to or incorporated into a property if the lien is properly filed within six months of the last date of work by the contractor/subcontractor.

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.

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Kansas City Missouri Partial Release of Mechanic's Lien - Individual