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Claim of Lien

 

A Claim of Lien must be properly completed, signed, dated and notarized. Claims of lien must be recorded in the office of the register of deeds for the county where the property is located within 90 days of the last day of work or furnishing of supplies. If you are a subcontractor, supplier or laborer you should file a Proof of Service of Notice of Furnishing along with the claim of lien in the office of the register of deeds. A Proof of Service of Claim of Lien  should also be prepared to prove that all parties have been properly served a copy of the Claim of Lien.

Within 15 days of filing the claim of lien a true copy of the recorded claim of lien must be provided to the homeowner, lessee or designee (if listed on the notice of commencement).

If a lawsuit is not filed within one year of the recording date of a claim of lien, the property owner or that person's agent may submit an affidavit to the county clerk stating that legal proceedings to enforce the lien were not started as required by law. The affidavit then must be filed with the register of deeds to discharge the expired claim of lien. 

§      A claim of lien must be recorded in the office of the register of deeds for the county in which the property is located within 90 calendar days from the last date of furnishing labor or materials. Forms must have proper margins and the required original signatures.

§  Subcontractors/suppliers/laborers should file the proof of service of notice of furnishing with the claim of lien.

§    True copies of the recorded claim of lien must be provided (certified mail or hand delivered) to the property owner, lessee or designee within 15 days of recording the claim of lien.

§    To enforce the claim of lien, a circuit court lawsuit must be commenced within 1 year of the recording date of the claim of lien. If no lawsuit is initiated within 1 year, the claim of lien expires and the property owner can discharge the claim of lien by a court affidavit. Claims of lien are not renewable after the year has elapsed.

 

Blank Forms (pdf):

Claim of Lien

Proof of Service of Notice of Furnishing

Proof of Service of Claim of Lien

 

 

 

Related Content
 •  Blank Construction Lien Form Instructions
 •  Notice of Furnishing
 •  Notice of Commencement (Residential Property)
 •  Full Conditional Waiver
 •  Full Unconditional Waiver
 •  Discharge of Lien
 •  Notice of Commencement (Commercial Property)
 •  Partial Conditional Waiver
 •  Sworn Statement
 •  Partial Unconditional Waiver
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