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Michigan Certificate of Discharge of Lien by Individual

Sterling Heights Michigan Certificate of Discharge of Lien by Individual

Name: Sterling Heights Michigan Certificate of Discharge of Lien by Individual
Brand: US Legal Forms
Rating: 4.76 (423 reviews)

Category:

Liens - Construction - Mechanics

State:

Michigan

City:

Sterling Heights

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.

The Sterling Heights Michigan Certificate of Discharge of Lien by Individual is a legal document that serves as proof of the release or cancellation of a lien placed on a property by an individual. This document is commonly used in real estate transactions, where a property owner or homeowner pays off a debt or satisfies a lien and requires a formal release to remove the lien from the property's title. The Certificate of Discharge of Lien confirms that the individual lien holder no longer has a valid claim or interest in the property, and the property is no longer encumbered or subject to any outstanding debts associated with the lien. It is crucial to obtain this document to ensure clear ownership and transferability of the property. Keywords: Sterling Heights, Michigan, Certificate of Discharge of Lien by Individual, lien release, property lien, real estate transactions, homeowner, property owner, encumbrance, outstanding debts, clear ownership, transferability. Different types of Sterling Heights Michigan Certificate of Discharge of Lien by Individual may include: 1. Mortgage Lien Discharge: This type of Certificate of Discharge of Lien is used when a homeowner successfully pays off their mortgage loan, and the lender releases the mortgage lien on the property. It formally acknowledges that the mortgage has been fully satisfied, allowing the homeowner to have a clear title to the property. 2. Mechanics Lien Discharge: When a contractor or subcontractor places a mechanics lien on a property due to unpaid bills or disputed work, a Mechanics Lien Discharge Certificate may be required once the debt is settled. It serves as proof that the lien has been released or discharged, ensuring that the property is no longer encumbered. 3. Judgment Lien Discharge: In cases where a court awards a monetary judgment against a property owner, resulting in a judgment lien being placed on the property, a Judgment Lien Discharge Certificate is needed once the debt has been satisfied. This certificate confirms the removal of the judgment lien from the property's title. 4. Tax Lien Discharge: If a property owner owes delinquent taxes, the government can place a tax lien on the property. Once the property owner pays off the outstanding taxes, a Tax Lien Discharge Certificate is obtained to release the tax lien and restore the property's clear title. Keywords: Mortgage lien discharge, mechanics lien discharge, judgment lien discharge, tax lien discharge, property encumbrance, title transfer, court judgment, delinquent taxes.

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

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FAQ

You can remove a lien without a lawyer by following a few straightforward steps. After paying off the debt, obtain the necessary documentation, such as the Sterling Heights Michigan Certificate of Discharge of Lien by Individual. Then, file this certificate with your local register of deeds to effectively clear your property title. Resources like uslegalforms provide guidance and templates to assist you in this process.

To put a lien on someone's property in Michigan, you first need to create the proper documentation that outlines the debt and the property involved. This documentation must then be filed with the county register of deeds. For ease of use and to ensure that you follow all legal requirements, consider exploring the USLegalForms platform, which provides templates specifically designed for achieving the Sterling Heights Michigan Certificate of Discharge of Lien by Individual.

In Michigan, a lien typically lasts for a period of six years unless it is renewed or discharged. If a lien is not enforced within this timeframe, it may become unenforceable. For your peace of mind, check resources on the USLegalForms platform, especially regarding the Sterling Heights Michigan Certificate of Discharge of Lien by Individual, for all the details you need.

In Michigan, there is no specific minimum amount required to place a lien on a property; however, the lien must be justifiable and based on a valid claim or debt. This means that the amount should be substantial enough that a court would recognize it. If you need assistance, USLegalForms offers resources that can help you navigate the process effectively while focusing on the Sterling Heights Michigan Certificate of Discharge of Lien by Individual.

Creating a lien release involves drafting a document that declares the lien on a property has been satisfied. This document should include details such as the lien's original terms and the property description. Once prepared, submit the lien release to the same county register where the lien was originally filed. The USLegalForms platform simplifies this task, ensuring you have the right template for the Sterling Heights Michigan Certificate of Discharge of Lien by Individual.

To file a lien on a property in Michigan, you need to prepare specific documentation, including a lien statement that identifies the property and the amount owed. You should file this statement with the county register of deeds where the property is located. Utilizing the USLegalForms platform can make this process easier, as it provides templates and guidance tailored to the Sterling Heights Michigan Certificate of Discharge of Lien by Individual.

A release of lien does not typically require notarization, but having it notarized can provide extra assurance of authenticity. In the context of the Sterling Heights Michigan Certificate of Discharge of Lien by Individual, securing notarization may be prudent, depending on your situation and local laws. Reach out to USLegalForms for resources that clarify these options for you.

Lien releases generally do not need to be notarized in Michigan for them to be effective. However, having the release notarized can make it easier to establish legitimacy if questioned. Always check relevant regulations or consult experts when dealing with the Sterling Heights Michigan Certificate of Discharge of Lien by Individual to ensure compliance.

In Michigan, lien waivers do not necessarily require notarization to be valid. However, notarizing a lien waiver adds credibility and may be beneficial in specific situations. When handling documents related to the Sterling Heights Michigan Certificate of Discharge of Lien by Individual, opting for notarization can help eliminate potential disputes.

A release of certificate of lien signifies that a creditor has relinquished their claim against a property. This process allows property owners to move forward without the burden of unpaid debts. Understanding this release is crucial for anyone dealing with the Sterling Heights Michigan Certificate of Discharge of Lien by Individual.

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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.