A Detroit Michigan Complaint for Breach of Contract and Lien Foreclosure regarding Construction on Home is a legal document filed by a party who believes there has been a violation of a contract pertaining to construction work performed on a residential property in Detroit, Michigan. This complaint aims to seek resolution for the breach of contract and potentially foreclose on a lien placed on the property as a form of security for the unpaid construction work. When it comes to different types of Detroit Michigan Complaint for Breach of Contract and Lien Foreclosure regarding Construction on Home, there are several possible scenarios and variations: 1. General Breach of Contract and Lien Foreclosure: This type of complaint is filed when there is a broad breach of contract related to the construction work on a home. It typically involves the non-performance or deficient performance of contractual obligations, such as failure to complete the project, using substandard materials, or deviating from the agreed-upon scope of work. 2. Payment-related Breach of Contract and Lien Foreclosure: This complaint is filed when the breach of contract involves non-payment or underpayment for the construction work completed. It may include instances where the property owner fails to fulfill their financial obligations as outlined in the contract. 3. Subcontractor Breach of Contract and Lien Foreclosure: In situations where a subcontractor or supplier was involved in the construction project, a complaint can be filed against them for breach of contract and lien foreclosure. This occurs when the subcontractor or supplier fails to fulfill their contractual obligations, such as supplying inferior materials or not completing their assigned portion of the work. In each of the above cases, the complaining party files a complaint with the appropriate court in Detroit, Michigan, outlining the specific details of the breach of contract, including the nature of the violation, relevant contractual terms, and evidence supporting their claims. The complaint may also seek the foreclosure of a lien filed against the property to ensure the complaining party's right to payment or security interest. The specific legal remedies sought will vary depending on the circumstances of the case and the nature of the contractual breach. In conclusion, a Detroit Michigan Complaint for Breach of Contract and Lien Foreclosure regarding Construction on Home is a legal document addressing various scenarios where a contract related to construction work on a residential property is violated. By filing this complaint, the aggrieved party seeks to resolve the breach of contract and potentially enforce a lien foreclosure to ensure payment or security interest.
Detroit Michigan Complaint for Breach of Contract and Lien Foreclosure regarding Construction on Home
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FAQ
After the lien is filed and served, it's valid for 1 (one) year after the filing date in Michigan. Unless you extend it, you have 1 (one) year to enforce the lien if you need to. When you get paid, you should file a lien release to free the property.
Sec. 2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.
Discharging an old construction lien in Michigan is a 3-step process: Prepare an Affidavit.Submit the Affidavit to the County Clerk.Record the Certificate.
Any claim for lien must be recorded within 90 days after the contractor's last date of work on the project and the lien claimant has 1 year to file a lawsuit.
The Notice of Professional Services Contract is good for 1 year, and subsequent notices can be recorded after the expiration of the 1-year period.
The claim form must be filed in the register of deeds office in the county in which the property is located. You must also attach a Proof of service of a Notice of Furnishing to a lien claim if you are a subcontractor, supplier or laborer.
A lien is a public record of payment you are owed. Under Michigan lien law/mileg. aspx? page=getObject&objectName=mcl-570-1107&highlight=construction%20AND%20lien%20AND%20act/), any contractor, subcontractor, supplier or laborer who works on a project is allowed to claim a lien.
AN ACT to establish, protect, and enforce by lien the rights of persons performing labor or providing material or equipment for the improvement of real property; to provide for defenses to construction liens; to provide remedies and prescribe penalties; and to repeal acts and parts of acts.
If there is a lien, it must be released by the lienholder in the appropriate signature space or by attaching a lien termination statement from the financial institution to the title. Never take possession of a vehicle without the title signed by the owner or owners named on the front of the title.