January 10, 2007

Michigan Claim of Lien

Michigan Claim of Lien

Obtain forms and information about Claims of Lien here

The Claim of Lien must be properly completed, signed, dated and notarized. Claims of Lien must be recorded within 90 days from the last day of work, or furnishing of supplies at the County Register of Deeds within the county that the property is located. If you are a supplier, subcontractor or laborer, you should file the A Proof of Service of Notice of Furnishing (10KB PDF) along with the Claim of Lien form at the Register of Deeds office.  A Proof of Service of Claim of Lien should also be prepared to prove that all parties have been properly served a copy of the Claim of Lien.

Within 15 days of filing the Claim of Lien, a true copy of the recorded claim of lien must be provided to the homeowner, lessee (or designee if listed on the Notice of Commencement).

If a lawsuit is not filed within one year from the date of recording the Claim of Lien, the property owner or that person's agent may request an affidavit from the county clerk stating that legal proceedings to enforce the lien were not started as required by law. The affidavit then must be filed with the Register of Deeds to discharge the expired Claim of Lien.

§       Claim of Lien must be recorded at Register of Deeds office within county where property is located within 90 calendar days from the last date of furnishing labor or materials. Forms must have proper margins, and the required original signatures.

§       Subcontractors/suppliers/laborers should file the Proof of Service of Notice of Furnishing with the Claim of Lien form.

§       True copies of the recorded Claim of Lien must be provided (certified mail or hand delivered) to property owner, lessee or designee within 15 days of recording claim of lien.

§       To enforce the Claim of Lien, a lawsuit in circuit court must be commenced within 1 year from the recording date of the claim of lien. If no lawsuit, claim of lien expires and the property owner can get the claim of lien discharged by court affidavit after the one year. Claim of Liens are not renewable after the year.

Contact one of our attorneys today at 866.936.7447 (toll fee). 

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