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I filed a Affidavit for Mechanics

I'm a sub contractor and we did not get paid for the project. So I filed for a Affidavit for Mechanics. But the project was in another state and city so do I have to go to their courthouse to file this or where my business is located? Also, who has to notorize the affidavit?

2 replies

Sep 15, 2021

A Notice of Lien is always filed with the Register of Deeds in the county where the property is located. You also send a copy to the general contractor and the owner.

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Sep 15, 2021

In Michigan (and most states which follow the Uniform Construction Lien Act) a CONSTRUCTION lien must be FILED with the Register of Deeds against the Property where the property that was worked on is located. Generally it must be notarized by a valid notary. Again in Michigan Construction liens must be filed within 90 days of the last date of work at the site (by you) and mailed to the general contractor and the owner. A lawsuit to foreclose on the lien must be filed within 1 year of the date of filing the lien. If you miss these dates your lien fails (there are other deadlines in the Act which can be flexible). Even if the lien is invalid the funds are still owed .. but by the contractor (not necessarily the owner).

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