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Notice of Furnishing Form - Benzie County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/10/2020
Notice of Furnishing Guide - Benzie County
Line by line guide explaining every blank on the form.
Included document last updated 9/17/2020
Completed Example of the Notice of Furnishing Document - Benzie County
Example of a properly completed form for reference.
Included document last updated 8/19/2020
*The Following Michigan and Benzie County supplemental forms are included as a courtesy with your order.
Property Transfer Affidavit
This form must be filed whenever real estate or certain types of personal property are transferred (even if the deed is not recorded) in order to ensure correct assessment for tax purposes. The new owner must file within 45 days of transfer in the city or township where the property is located. If the form is not filed on time, a penalty of $5/day (maximum $200) applies.
Real Estate Transfer Tax
This form must be filed with the Register of Deeds when the amount paid for the property is not stated on the deed. The form is not required when the amount paid is entered on the deed. The form must be completed and signed by either the seller or his/her authorized agent and submitted in the county where the property is located.
Transfer Tax Exemptions
Certain conveyances are exempt from transfer tax. These pages list the county and state exemptions. If the document is transfer tax exempt, the exemption must be stated on the deed. Note that both lists are in content identical until subparagraph (j).
Transfer Tax
This file contains the tax rates as well as a table listing state and county tax by consideration amount.
Certificate of Trust Existence and Authority
A certificate of trust existence and authority contains specific information about an existing trust agreement. According to 565.435 of the Michigan Compiled Laws, a purchaser or other party relying upon the information contained in a recorded certificate of trust existence and authority shall be afforded the same protection as is provided to a subsequent purchaser in good faith. Note that under 565.433, only settlor or grantor; an attorney for the settlor, grantor, or trustee; or an officer of a banking institution or an attorney if then acting as a trustee may sign the form if it pertains to real property. Sign the completed form in the presence of a notary, then submit it to the county register of deeds office for recording.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Principal Residence Exemption
If the property is your principal residence you may qualify for a tax exemption. These forms will help you navigate and apply for a (PRE) exemption.
Including:
Using a Notice of Furnishing in Michigan
Proper notice is key to a successful lien claim. A Notice of Furnishing is a type of preliminary notice that must be provided to a property owner by a subcontractor, contractor, laborer, or supplier as a condition to obtaining a later mechanic's lien covering the full amount of labor or supplies. This Notice must be sent by any party who has not contracted directly with the owner to preserve that party's lien right.
In Michigan, a subcontractor or supplier who contracts to provide an improvement to real property must provide a Notice of Furnishing to the designee and the general contractor, if there is one (as named in the Notice of Commencement) at the address shown in the Notice of Commencement, either personally or by certified mail, within 20 days after furnishing the first labor or material. M.C.L. 570.1109(1).
The Notice of Furnishing must contain the following information by law: (1) the name of the owner (or designee or lessee) as noted in the Notice of Commencement; (2) the name and address of the claimant furnishing materials or services; (3) description of services or materials furnished; (4) the book number and page number in the county recording index (and name of county where recorded); and (5) proof of service on the property owner. M.C.L. 570.1109(4).
If the lien claimant fails to provide a Notice of Furnishing within the time specified, this will not defeat the lien claimant's right to a later construction lien for work performed or materials furnished by the lien claimant before he or she served the notice of furnishing. M.C.L. 570.1109(6). However, the lien will only be applied to the extent that payments were made by or on behalf of the owner or lessee to the contractor pursuant to either a contractor's sworn statement or a waiver of lien in accordance with this act for work performed or material delivered by the lien claimant. Id.
While subs and suppliers have 20 days to serve the Notice, laborers must serve it within 30 days of a wage claim arising. If a laborer neglects to serve the Notice of Furnishing on an owner's designee, though, the laborer loses the opportunity to file a lien claim for wages. M.C.L. 570.1109(8). If the laborer fails to provide a notice of furnishing to the general contractor within the required time, this will not defeat the laborer's right to a construction lien, but the laborer shall be liable for any actual damages sustained by the general contractor because of the failure. M.C.L. 570.1109(10).
This article is provided for informational purposes only and should not be considered legal advice or used as a substitute for speaking with an attorney. Please consult with a Michigan-licensed attorney for any questions about serving a Notice of Furnishing or any other issues related to liens.
Get your Benzie County Notice of Furnishing form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Benzie County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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