Claim of Lien-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Claim of Lien

Scope: State of Michigan, Private Works.

Time Constraints: If you have not served a Notice of Furnishing on the required parties within the statutory time you do NOT necessarily give up your lien rights. However, you do waive your right to moneys paid by the owner prior to the service of the Notice of Furnishing. See the Michigan Preliminary Notice, Private Works memo for more information.

If you have not been paid in full, you must record your Claim of Lien with the county recorder's office, within 90 days, inclusive, of the completion, or cessation, of your work of improvement or supplying of material or services for improvement. Serve a copy of said lien on the owners and, if they exist, the sureties, within 15 days of recording your Claim of Lien.

Michigan also requires that you provide notarized proofs of service for both the Notice of Furnishing and the Claim of Lien. The Proof of Service of Lien Claim form will print with your claim. The Proof of Service of Notice of Furnishing should have been completed when you printed your preliminary notice, along with letters for the Recorder’s office.

Perfection: To perfect your Mechanic's Lien, you must file suit to foreclose the lien within 1 year of recording.  All record a Lis Pendens.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time limitations stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve ONLY the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Claim of Lien, Exhibit's A-D, if needed, Proof of Service of Notice of Furnishing (previously printed with Preliminary Notice), Notice of Filing Lien, Proof of Service of Claim of Lien, and Recorder's Letters (if used).

Procedures: Prepare your documents using the required information. File your Mechanic's Lien with the notarized proof of service (required) and serve copies upon the owners, contractors and sureties. At this point you are ready to file suit to enforce all of your claims in one action.

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