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Lien waiver questions

MichiganLien Waivers

I am a Michigan residential builder. I am building a house in Michigan for a client who lives in Illinois. The title complany has sent Illinois paper work that they intend for me to use. Issue #1: Do I have to use their paperwork? Specifically for lien waivers... their's requires notary and I have never done this. Hard enough to track down waivers and this just isn't going to fly. I know Michigan does not require notarizing waivers but not sure if they can force me. Issue #2: My company is listed several times on sworn statement. When one item has been paid in full, do I provide a full unconditional even though I still have $$ to draw under other catagories or would I provide a partial unconditional?

2 replies

Jun 22, 2021
I have NO IDEA what an IL mortgage company requires. If it is a IL mortgage company they can pretty much dictate the terms. HAVE YOU ASKED THEM if you can follow MI lien law? I would have to review the paperwork in detail to answer the other questions.
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Jun 22, 2021
unfortunately mortgage and title companies can demand whatever they want, best play along. I would use partial conditional waiver form with the current amount due inserted. I can sort of understand the notary requirement, I once had aa case where the general contractor faxed a photo-shopped doctored Waiver of Lien to a title company using my client's signature from an earlier draw, he got screwed. Mark H. Davidson
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