Lansing Michigan Claim of Lien - Corporation or LLC

Q: How to put a lien on someone&#039;s property in Michigan?

To place a lien on someone&#039;s property in Michigan, you must first gather all necessary documentation and file a claim with the appropriate county register of deeds. You&#039;ll need to ensure your claim meets all legal requirements, including identifying the property and the basis for the lien. If you re unsure about the process for a Lansing Michigan Claim of Lien - Corporation or LLC, the uslegalforms platform can guide you through the necessary steps. This makes it easier to protect your interests.

Category:

Liens - Construction - Mechanics

State:

Michigan

City:

Lansing

Control #:

MI-07A-09

Format:

Instant download

Description

Within ninety (90) days after a corporate or LLC lien claimant's last furnishing of labor or material for the improvement pursuant to the lien claimant's contract, a Claim of Lien must be recorded in the office of the register of deeds for each county where the real property to which the improvement was made is located.

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How to fill out Michigan Claim Of Lien - Corporation Or LLC?

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FAQ

To place a lien on someone's property in Michigan, you must first gather all necessary documentation and file a claim with the appropriate county register of deeds. You'll need to ensure your claim meets all legal requirements, including identifying the property and the basis for the lien. If you’re unsure about the process for a Lansing Michigan Claim of Lien - Corporation or LLC, the uslegalforms platform can guide you through the necessary steps. This makes it easier to protect your interests.

Yes, a notice of intent to lien is generally required in Michigan for certain types of liens, especially in construction-related cases. This notice serves to inform the property owner of the claim before filing a formal lien. If you’re dealing with a Lansing Michigan Claim of Lien - Corporation or LLC, understanding this notice is essential for proper legal procedure. Utilizing resources from uslegalforms can help you navigate the requirements effectively.

In Michigan, a lien typically lasts for five years from the date it is recorded. However, it can be renewed for additional periods if necessary. Understanding the duration of a Lansing Michigan Claim of Lien - Corporation or LLC is crucial for both creditors and property owners. This time frame ensures that claimants have adequate time to pursue their rights before the lien becomes void.

To find out who owns an LLC in Michigan, you can search the Michigan Department of Licensing and Regulatory Affairs (LARA) database. This online tool allows you to access information about LLC ownership and status. Knowing the ownership details can be crucial when considering your Lansing Michigan Claim of Lien - Corporation or LLC. For more extensive searches or documentation assistance, US Legal Forms can guide you through the process.

Filing a UCC in Michigan involves completing the necessary forms and submitting them to the Michigan Secretary of State. This can now be done online for added convenience and quicker processing. Properly filing your UCC can protect your interests when dealing with a Lansing Michigan Claim of Lien - Corporation or LLC. US Legal Forms provides resources and templates to help you ensure that your UCC filing is accurate and compliant.

To find out if you have a UCC lien, you can search the Michigan Secretary of State’s database for UCC filings. This resource provides detailed information on any liens against your name or business. Since UCC liens can impact your Lansing Michigan Claim of Lien - Corporation or LLC, it is important to check for any outstanding claims. US Legal Forms can assist you in navigating this search if you need more comprehensive support.

You can indeed complete the entire LLC formation process online in Michigan. This includes preparing, submitting, and managing your documents electronically. By choosing to handle your Lansing Michigan Claim of Lien - Corporation or LLC online, you can take advantage of the efficiency and speed that this method offers. Consider exploring US Legal Forms for helpful resources that simplify this online setup.

Absolutely, you can file a Michigan LLC online through the state’s official portal. This option saves time and allows for direct submission of all necessary forms. When managing your Lansing Michigan Claim of Lien - Corporation or LLC, utilizing online filing ensures that you're compliant and up to date with state requirements. US Legal Forms offers additional guidance and templates to assist you with this online filing.

Yes, you can file an LLC online in Michigan. The state provides a convenient online system for filing the necessary documents to establish your LLC. This process allows you to submit your formation documents quickly, making it easier to manage your Lansing Michigan Claim of Lien - Corporation or LLC. Using platforms like US Legal Forms can streamline this process further, helping you secure your business swiftly.

Filing a lien without a written contract is generally not allowed in Michigan. To successfully file a Lansing Michigan Claim of Lien for a Corporation or LLC, you need to have a formal agreement that outlines the terms of your claim. This document serves as evidence of the debt owed. Utilizing services like USLegalForms can help you navigate the necessary documentation and ensure your lien is valid.

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Claim of Lien - 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.