How do I get a lien removed from my house. It has been on there for 4 years. The contractor has not moved to arbitration.
1 reply
Jan 27, 2020
Hello,
If a lien claimant takes no legal action to enforce their construction lien within one (1) year of recording it, the lien "expires." But old liens are not automatically discharged and can remain in the property records for many years, as apparently has happened in your case.
To remove an old lien, the property owner, or an owner's agent or attorney can make out an affidavit setting forth the facts about the lien, when it was recorded and that more than one year has passed without any action to enforce it and submit the affidavit to the county clerk. The clerk is required to check their records and confirm that no legal action has been commenced within one year of the lien. If the clerk so confirms, they will issue a certificate, which must then be recorded with the Register of Deeds. This has the effect of discharging the expired lien.
There might a small fee for the county clerk to check their records and prepare the certificate, maybe $10. There is a fee to record the certificate with the Register of Deeds. It's about $30.
The legal basis for this process is in Section 128 of the Michigan Construction Lien Act (MCL 570.1128).
If LevelSet doesn't have the affidavit you need to obtain a discharge of the expired lien (ask them first, please), you're welcome to contact my office. Mention that you posted the question about the old lien in Michigan on LevelSet.
Peter Cavanaugh
Cavanaugh & Quesada, PLC
Royal Oak, MI 48067
Tel: (248) 543-8320