Judgment Lien Forms Foreclosure In Michigan
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Judgment liens may simply be filed and recorded by an attorney. There is no personal confrontation with the defendant and no personal property is seized. Service of the judgment lien on the judgment debtor is by certified mail if the judgment is less than $25,000.
600.6051. A Judgment lien attaches to all property owned by the judgment debtor in the county where it is recorded. It attaches at the time it is recorded with the register of deeds, except for after-acquired property, when it attaches at the time it is acquired by the judgment debtor. 600.2803.
2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.
First, if no lawsuit is filed within a year, the homeowner can obtain a certificate from the circuit court clerk confirming that no lawsuit has been filed and the lien is removed by recording the clerk certificate with the register of deeds. The second way is through a bonding-off process.
Key Takeaways. A judgment lien is a court ruling that gives a creditor the right to take possession of a debtor's property if the debtor fails to fulfill their contractual obligations. Judgment liens are nonconsensual because they are attached to property without the owner's consent or agreement.
