Owner's Consent to Mechanic's Lien Filing

When working on owner-occupied residential projects, contractors other than the main contractor need to ensure that the owner has provided consent for a lien filing if the bill goes unpaid. In Missouri, these individuals can use a Consent by Owner form to fulfill this requirement.

Request that the owner completes the consent form when working on the repair or remodeling of or an addition to an owner-occupied residential property of four units or less. R.S.M.O 429.013. This document identifies the parties, the project, and the property, and must be signed in the presence of a notary.

Record the completed consent form, because otherwise, no person other than the original contractor, who performed any work or labor or furnished any materials is eligible to claim a lien on the same job unless an owner of the building or structure, pursuant to a written contract, has agreed to be liable for such costs in the event that the costs are not paid. R.S.M.O 429.013(2). The consent form takes care of that issue.

In addition, every original contractor must retain a copy of the notice and any consent signed by an owner, and shall furnish a copy to any eligible person upon his request. R.S.M.O 429.013(3).

This form is important because it protects the interests of valid claimants other than the primary contractor. Without it, full payment of the amount due under a contract to the contractor is a complete defense to all liens filed by any person performing work or furnishing materials. R.S.M.O 429.013(4). Partial payment to the contractor shall only act as an offset to the extent of such payment. Id.

Any person falsifying the signature of an owner, with intent to defraud, in the consent of owner shall be guilty of a class D felony. R.S.M.O 429.013(5). Any original contractor who knowingly issues a fraudulent consent of owner shall be guilty of a class D felony. Id.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as a substitute for speaking with a legal professional. If you have any questions about obtaining an owner's consent to file a lien, or other issues related to liens in Missouri, please speak with a qualified attorney.

How to Use This Form

Select your county or independent city from the list above
Download the county or independent city-specific form
Fill in the required information
Have the document notarized if required
Record with your county or independent city recorder's office

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Common Uses for Consent of Owner

Provide required pre-lien notice before filing a claim
Document partial payment received on a construction project
Establish priority of a construction lien on a property
Notify a property owner of unpaid construction debts
Protect a supplier's right to payment for delivered materials

Compare other Missouri deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Easement Deed Termination of Easement Correction Deed General Power of Attorney-Durable Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Beneficiary Deed Revocation of Beneficiary Deed Affidavit as to Death of Grantor Affidavit of Deceased Joint Tenant Trustee Deed Trustee Deed Under Sale (Foreclosure) Personal Representative Deed Personal Representative Deed of Sale Personal Representative Deed of Distribution Contractor Change Order Notice of Intent Notice of Rights Claim of Mechanic's Lien Partial Mechanic's Lien Waiver on Progress Payment Mechanic's Lien Waiver on Final Payment Release of Mechanic's Lien Lis Pendens Notice Release of Lis Pendens Notice Deed of Trust and Promissory Note Assignment of Deed of Trust Full Deed of Release for Deed of Trust Contract for Deed Affidavit of Equitable Interest Release of Affidavit of Equitable Interest Mineral Deed Mineral Deed with Quitclaim Covenants Disclaimer of Interest

Important: County or Independent City-Specific Forms

Our consent of owner forms are specifically formatted for each county or independent city in Missouri.

After selecting your county or independent city, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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