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.
Lee's Summit Missouri Partial Release of Mechanic's Lien - Corporation
Category:
State:
Missouri
City:
Lee's Summit
Control #:
MO-03A-09
Format:
Word;
Rich Text
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How to fill out Missouri Partial Release Of Mechanic's Lien - Corporation?
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FAQ
Waiver of Lien Most of the standard form building contracts make provision for the Employer to provide a payment guarantee to the Contractor in return for which the Contractor waives his lien over any work done in terms of that contract.
Unless sooner released or discharged, the lien shall expire ten years after the certificate of lien was filed, unless within such ten-year period, the certificate of lien has been refiled by the director of revenue with the recorder.
Missouri law states that for a lien to be perfected the date it is created, and to protect the creditor from the buyer's/debtor's possible bankruptcy, the notice of lien should be perfected (received by the department) within 30 days from the date of the loan.
A lien waiver is quite common in the construction business. Essentially, it is a document from a contractor, subcontractor, supplier, or another party who holds a mechanic's lien that states they have been paid in full and waive future lien rights to the disputed property.
A mechanic's lien must be filed with the Circuit Court in the county where the real property is located. Once a mechanic's lien is filed, the contractor, subcontractor, or supplier must then file a petition to enforce the mechanic's lien in the proper court within six months after the filing of the lien.
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.
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.
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.