Home>Levelset Community>Legal Help>Lien waiver questions

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.
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

Add your answer or comment

Not the answer you were looking for? Check out other Lien Waivers topics or ask your own question