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MO HB1733

Bill

Status

Introduced

2/5/2014

Primary Sponsor

Rocky Miller

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Requires mechanic's lien claimants on residential real property to record a notice of rights at least five calendar days before the property closing date to preserve lien rights, unless already identified in a previously recorded notice.

  • Establishes that property owners must record a notice of intended sale at least 45 calendar days before closing and provide claimants with copies of the notice and legal description within five days of request.

  • Specifies that mechanic's lien waivers are only enforceable to the extent of actual payment received, except for unconditional final lien waivers executed after all work is completed, which must use a specific statutory form with "UNCONDITIONAL FINAL LIEN WAIVER" in 14-point bold type.

  • 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 150% of the lien amount with the circuit clerk.

  • Applies to residential real property conveyances closing on or after November 1, 2010, and exempts owner-occupied residential property of four units or less from these requirements.

Legislative Description

Specifies that a waiver or lien release is only enforceable to the extent of the payment amount received by the lien claimant in exchange for the waiver or lien release

Last Action

HCS Voted Do Pass (H)

2/26/2014

Committee Referrals

Special Standing Committee on Small Business2/12/2014

Full Bill Text

No bill text available