Missouri Laws 429.032 – Partial release when lien is on multiple lots or tracts — mechanic’s lien ..
1. When multiple lots, tracts or parcels are the subject of one mechanic’s lien created by virtue of sections 429.010 to 429.340, it shall be permissible for every mechanic or other person who has a lien upon such multiple lots, tracts or parcels to release one or more of the lots, tracts or parcels from the mechanic’s lien. The lots, tracts or parcels released, and the amount of mechanic’s lien debt attributable to such lot, tract or parcel so released shall be specified by the mechanic’s lien claimant.
2. Whenever a mechanic’s lien filed upon multiple lots, tracts or parcels is partially released as to one or more of the lots, tracts or parcels, it shall be the duty of the mechanic’s lien claimant to acknowledge upon the record or the margin thereof, in the office of the clerk of the circuit court, the portion of the mechanic’s lien debt that is satisfied and the lots, tracts or parcels which are being released. The acknowledgment shall be sufficient if filed with the clerk of the circuit court in the following form:
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| PARTIAL RELEASE OF MECHANIC’S LIEN | |||
| STATE OF MISSOURI | ) | ||
| ) SS. | |||
| COUNTY OF | ) | ||
| COMES NOW ______, (name of lien claimant) the lien claimant and does hereby partially release its mechanic’s lien filed on ______, (date lien filed) and filed for record as lien number ______ (lien number or book and page numbers) | |||
| The amount of the original mechanic’s lien debt is $______. | |||
| The amount of the original mechanic’s lien debt which is now satisfied is $______. | |||
| The lots, tracts or parcels which are being released are more fully described as follows: | |||
| (Legal description of lots, tracts or parcels which are being released) | |||
| __________________? | |||
| Lien Claimant | |||
| By ______ | |||
| (Signature of authorized representative) | |||
| (FOR INDIVIDUAL LIEN CLAIMANT) | |||
| On this ______ day of ______, 20______, before me personally appeared ______, to me* known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed. | |||
| IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written. | |||
| __________________? | |||
| Notary Public | |||
| My commission expires: | |||
| ______ | |||
| OR | |||
| (FOR CORPORATE LIEN CLAIMANT) | |||
| On this ______ day of ______, 20______, before me personally appeared ______, to me personally known, who, being by me duly sworn, did say that he is the ______ of ______, a Missouri corporation, and that the seal affixed to the foregoing corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors; and said ______ acknowledged said instrument to be the free act and deed of said corporation. | |||
| IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written. | |||
| __________________? | |||
| Notary Public | |||
| My commission expires: | |||
| ______ | |||
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Terms Used In Missouri Laws 429.032
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.