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How to discharge an Invalid Mechanics Lien in MIchigan?

Michigan

The lien was so grossly invalid and to me and obvious bulley attempt to make the sub contractors insurance or the building owner pay for their own ridiculously incompetent mistakes and compete breach of their contracts, plus the restoration company cannot back up any of the number costs used for the lien, plus 20% of that lien amount includes materials the owner paid out of pocket for. He is about to lose his only tennant and he has great credit and there is NO mortgage on this building. The owner fell into a good thing, if he had met me sooner. Every person he dealt with was incompetent's or caught in fraudulent activity. So, the owner pays attorney fees of 650/hr for now three years. I have only charged one half a cheeseburger and a full breakfast so far for 3 and a half years and this attourney can't keeps billing him for this advice that he can't remove it, and wont' send a demand letter or discharge to the restoration contractors. I have just posted the job in levelset and then meet the owner to sign contracts for me to take over. What is the best way for either the owner myself to get removed since the attorney is claiming it can't be done.

4 replies

Jul 29, 2021
YOU GIVE INCOMEPLETE INFORMATION. Is it a construction lien for work already done on the property? When was the lien placed? Has the lien claimant filed a lawsuit to foreclose on the lien? Construction liens can be removed if it is over 1 year after it was filed and foreclosure has not started OR 1 1/2 times the lien is placed in a bond and appropriate paperwork filed. If it is a voluntarily lien signed by the owner that is used to induce the contractors to work now and get paid later.. this advise is not applicable.
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Aug 1, 2021

The lien is for work done, but was rejected by city officicial. Did not pass inspection. Lien was placed over 18 months ago. The lien claimant did NOT foreclose, claimant disclosed in a deposition that the lien is not valid he did not know the rules of filing a lien. No Bond on the job.

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Aug 2, 2021
There is a procedure to get a construction lien dismissed if it is over 1 year from the filing date AND you check in the County Circuit Court that no foreclosure action is pending or has been filed. A simple affidavit of those facts presented to the County Register of Deeds can get the line dismissed.
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Aug 2, 2021
Thank you very much!
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