August 23, 2010
New provisions to the Missouri mechanic’s lien law (§429.016, R.S.Mo) take effect on August 28, 2010 regarding the construction of new residential property. It applies to any residential property transferred on or after November 1, 2010. The new law generally applies only to new construction and not remodeling or repairs to residential property. It does include residential condominiums, townhouses or cooperatives regardless of the number of units. The new law allows owners to file a notice with the recorder of deeds of intended sale, and date of sale, of the property at least 45 days prior to the proposed transfer. In that event, the lien claimant must file with the recorder of deeds a “Notice of Rights” at least 5 days prior to the proposed transfer, giving the owner notice identifying, at a minimum, the claimant, claimant’s address and telephone number, the legal description of the property claimed against, and the person with whom the claimant contracted, including address and telephone number. If such notice is properly given, the claimant need not file the 10-day advance notice of intent to file a lien. A claimant’s failure to comply with this notice provision is deemed the claimant’s waiver of all mechanics’s lien rights.
The new law also:
• Imposes specific information that must be included in the claimant’s mechanic’s lien statement;
• Allows the owner to provide substitute collateral in lieu of a lien against the property;
• Limits the effect of partial lien waivers to the amount claimed due at the time the claimant signs the waiver;
• Imposes penalties for failure to execute final lien waivers upon payment in full.
These revisions require changes to three (3) forms contained in the Missouri chapter. Revisions to the chapter and forms will be available online by the effective date. August 28, 2010.
Darcy V. Hennessy, Esquire (Contributing Author)
Hennessy and Boe, P.A.
Monday, August 23, 2010
Lien Law Online eLert for 8/23/2010 - Missouri
Posted by lienlawonline at 9:55 AM
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You state: "The new law generally applies only to new construction and not remodeling or repairs to residential property." What does generally applies mean?ReplyDelete
I am a Realtor and am having trouble getting a Title company to provide Mechanic Lien coverage to the lender on a home that is closing Nov 4th. It was purchased in May 2010 by an LLC, rehabbed, put back on the market in September and my client put a contract on it September 29th. One title company is saying that this house falls under the new law and another leading title company is telling me it only affects new construction, not a rehabbed home. (non owner occupied). Which is correct and how do I get verification of that? Please feel free to email me at firstname.lastname@example.org Thank you!Elaine Heckenkamp 816-805-4393