do I have to do a 10 day notice of intent before i do a lien?
2 replies
Apr 9, 2020
A Notice of Intent to Lien (NOI) is only required in a handful of states, 10 to be exact. The state of Michigan is not one of them.
Although, we always recommend sending one anyway. Consider it one final attempt to collect payment before having to spend the time and money associated with filing a lien.
For further reading:
I agree with Alex; there is no "Notice of Intent to Lien" required under the Michigan Construction Lien Act. The timing deadline to record your Claim of Lien is 90 days from the last day you provided labor or materials to the project. It is important to understand that the Claim of Lien must be recorded at the Register of Deeds office in the county in which the property is located, and you should not rely on first class mail to deliver the Claim of Lien on time if you are anywhere close to the 90-day deadline. There is very little gray area on the 90-day Claim of Lien filing deadline in Michigan, and mailing it to the Register of Deeds in advance of the deadline will not protect your lien interest unless the Claim of Lien is actually recorded on or before the 90th day. Please do not hesitate to contact me if you need further assistance.