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Is our Michigan lien valid?

MichiganLien DeadlinesRight to Lien

I am a general contractor who completed repairs on a commercial project in Michigan 09/01/20. The original mechanics lien in the amount of $360,542.43 was recorded on 12/21/20. After recording we noticed the "Last date of furnishing labor or materials" was wrong. Since this original document was filed outside of the 90 days deadline is the lien invalid? or if amended is there a chance it would stand.

2 replies

Jan 26, 2021

Yes, I believe your lien is invalid. If the last date of work was 9/1/2020, your lien must have been recorded by 11/30/2020, or within 90 days of last work. A lien recorded 12/21/2020 is beyond the required 90 days.  

If you're asking whether you can record an amended lien, changing the last date of work to bring it within 90 days of the 12/21/2020 recording date, you're still going to have a problem because the lien (or amended lien) still must be recorded. And if the last date of work recited in the lien is more than 90 days from the recording date, the lien is invalid on its face.  

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Jan 26, 2021

Thank you for help Peter! 

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