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MORE THAN
ONE YEAR
The property owner must
complete an Affidavit.
Once the Affidavit is completed, the property owner should delivers
the Affidavit to the County Clerk's office along with $15.00 ($10.00
for the search of the records and $5.00 for the certificate)**.
The Clerk's office will
conduct a search of the circuit court records. If the records
indicate that litigation was not commenced between the parties (the
lien claimant vs. the property owner for the amount of the lien)
then the clerk will issue a "Certificate That Action to Enforce
Lien was Not Timely Commenced". This certificate must
be recorded with the Register of Deeds by the property owner.
Contact the Register of Deeds to ascertain the recording fees required.
LESS THAN
ONE YEAR
The property owner must
retain a Surety Bond twice the amount of the lien. The bond
is filed with the County Clerk. Once the bond is filed, the
clerk will send a "NOTICE OF FILING OF BOND" to the lien
claimant. The lien claimant has 10 days from the date of the
notice to object to the Surety of the bond.
After 10 days, the clerk
will complete a "Certificate Releasing Construction Lien".
The fee for the certificate is $5.00. The property owner must
record the certificate with the Register of Deeds. Contact
the Register of Deeds to ascertain the recording fees required.
**If
there are multiple liens on the same property & property owner,
only one search fee is required. However, seperate certificates
must be issued for each lien, therefore a fee of $5.00 is required
for each certificate.
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