Judgment Lien Forms With Mortgage In Michigan
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FAQ
For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.
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.
A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.
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.
However, there are few exceptions to this general rule. With respect to the options provided, a property tax lien typically has priority over all other liens, regardless of when the others were filed.
For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.
Which of the following liens generally holds first priority? Real property taxes are ad valorem taxes which means that they are levied ing to value. Real estate tax liens are in first position and get top priority regardless of when the taxes were incurred.
