570.254 Statement of lien; contents; verification; recording with register of deeds; index; effect; fee.

376 words·~2 min read·/mi/chapter-570/570-254

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 4.

(1)A person, or the person's agent or attorney, whether contractor, subcontractor, or materialman, or laborer, who wishes to claim the benefit of this act, shall make and record in the office of the register of deeds, in the county or counties in which the leasehold, oil or gas well, pipeline, oil or gas derrick, oil tanks, materials, machinery, or other property to be charged with the lien is located, a true statement or account of the demand due to the person, over and above all legal setoffs, setting forth the time when the materials were furnished or labor performed, and for whom, and containing a sufficiently correct description of the premises, leasehold, or property to be charged with the lien to identify them, and the name of the owner, part owner, or lessee of the premises, if known.

(2)A verified statement under this section must be recorded any time after the contract is made and within 6 months after the date on which the last of the materials is furnished or the last of the labor is performed by the person claiming the lien.

(3)A verified statement under this section may be amended at any time before a final judgment is entered in an action to enforce the lien.

(4)A register of deeds shall record and index a verified statement of lien under this section in the same manner as provided by law for the recording of real estate mortgages. A recording under this subsection has the same effect as to notice as against subsequent purchasers or encumbrancers as the recording of a mortgage.

(5)A register of deeds is entitled to receive as a fee for the recording and indexing of a verified statement of lien under this section, and any subsequent paper affecting the lien, the same fees as are provided for recording a real estate mortgage under section 2567 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567.

History: 1937, Act 146, Imd. Eff. July 2, 1937 ;-- CL 1948, 570.254 ;-- Am. 1958, Act 67, Eff. Sept. 13, 1958 ;-- Am. 2016, Act 225 , Eff. Oct. 1, 2016