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MO HB2070

Bill

Status

Introduced

3/29/2012

Primary Sponsor

Donna Lichtenegger

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Applies mechanic's lien requirements to residential real property, excluding owner-occupied properties of four units or less which are governed by separate statutes.

  • Requires claimants to record a notice of rights at least five calendar days before the property closing date stated in the owner's notice of intended sale to preserve mechanic's lien rights, with exceptions for tradespersons who begin work after the notice of sale is posted.

  • Requires property owners to record a notice of intended sale at least 45 calendar days before the intended closing date and provide copies to claimants within five calendar days of written request; owners must also provide subcontractors and material suppliers with sworn affidavits listing all known subcontractors and suppliers.

  • Allows property owners to release residential real property from mechanic's liens by depositing substitute collateral (cash, letter of credit, or surety bond) equal to at least 150% of the lien amount with the circuit clerk.

  • Establishes requirements for unconditional final mechanic's lien waivers and provides that claimants paid in full must execute waivers within five days of written request or face liability for slander of title and a $500 statutory penalty; permits recovery of attorney's fees at 9% per annum interest for successful lien claimants.

Legislative Description

Changes the laws regarding mechanic's liens on residential real property

Last Action

Referred: General Laws (H)

4/12/2012

Committee Referrals

General Laws4/12/2012

Full Bill Text

No bill text available