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Home>Levelset Community>Legal Help>level set shows the lien has been filed, but states that we are at risk due to a deadline being missed. what do we need to do?

level set shows the lien has been filed, but states that we are at risk due to a deadline being missed. what do we need to do?

MichiganRight to Lien

Levelset shows the payment being at risk, but also shows the lien being files. it is noted that a deadline was missed. what deadline and is there anything I need to do?

1 reply

Aug 18, 2020
In Michigan, when filing a mechanics lien there are three important deadlines to consider. If you are a contractor, you must provide preliminary notice upon request. If you are a subcontractor Notice of furnishing to owner and prime must be within 20 days after first providing labor or materials. The laborer has 30 days after wages were due, and not paid, to serve notice. In Michigan a lien must be filed within 90 days from last providing materials or labor. An action to enforce a Michigan mechanics lien must be commenced within 1 year from filing the lien, and the deadline may not be extended. There may be a few issues with the present lien that you filed. Here are a few mistakes that may be made when filing out a Michigan lien form that could invalidate your lien claim entirely. You must make sure you include all the required information, and make sure that information is 100% correct. Once a lien form is filled out, the next step in the process is to record your lien with the register of deeds in the Michigan county where the property is located. Each county has their own rules, so a view a full list of Michigan counties to find the contact info, fees, and requirements for your local register of deeds. Once your lien was filed and served, you must serve a copy of the lien on the designee within 15 days of filing. If there is no designee, serve the copy on the property owner. Serve the lien personally, or send it via certified mail, return receipt requested. Like I previously stated, after the lien is filed and served, it's valid for 1 (one) year after the filing date in Michigan. In addition, keep in mind that when you get paid you should file a lien release to free the property. Here is a post all about Michigan mechanics lien that will be helpful to you: Michigan Mechanics Lien Guide and FAQs
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