When filing a mechanics lien, it is very important that you keep copies of all the relevant forms and documents that you have. Mechanics liens can be invalidated by a minor infraction of a state’s lien rules, so construction participants must always be ready to prove that they have strictly complied with the requirements.
In Michigan, mechanics lien claimants must prepare a notarized Proof of Service after serving their mechanics lien on the property owner following its filing. This guide details the requirements that you must meet when preparing a Michigan Proof of Service for your Claim of Lien.
Who must prepare a Proof of Service for a Michigan Claim of Lien?
A Proof of Service for a Michigan Claim of Lien must be prepared by all lien claimants. In other words, if you file a mechanics lien in Michigan, you will also have to serve a copy of the claim of lien on the owner’s designee or the owner themselves. You must prepare a Proof of Service that you have fulfilled that requirement.
When must you prepare a Proof of Service for a Michigan Claim of Lien?
A Proof of Service is prepared after serving a copy of the Michigan Claim of Lien that you recorded. In Michigan, a lien claimant has 15 days after recording a mechanics lien to serve a copy of the lien on the property owner or the property owner’s designee.
It is best practice to prepare the Proof of Service for the Michigan Claim of Lien once you have duly served a copy of the mechanics lien on the owner. However, do note that the Proof of Service is used only when a lien claimant decides to enforce their mechanics lien.
Why prepare a Proof of Service for a Michigan Claim of Lien?
A Proof of Service is something that a lien claimant keeps for their own records after filing a mechanics lien and serving a copy of it on the property owner. In most cases, a lien claimant may not even use the Proof of Service, especially if the mechanics lien is successful and the property owner satisfies the outstanding debt.
However, if a lien claimant decides to enforce the Michigan Claim of Lien, the Proof of Service must be attached to the complaint. A foreclosure lawsuit to enforce a Michigan mechanics lien will be incomplete without a notarized Proof of Service attached to it.
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