Judgment Lien On Property In Wayne
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FAQ
Generally, joint tenancy protects the interest of a non-debtor joint tenant. This means a creditor cannot seize their share of the property if another owner has debt. However, creditors may negotiate to settle liens or, in some cases, force the sale of the jointly-owned property to recover debts from a joint tenant.
A judgment creditor can file a lien with the court 22 days after the judgment is entered against the debtor, provided that the debtor has not appealed or moved to set the judgment aside. The lien is then sent to the register of deeds for recording in the county where the debtor lives.
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under.
All final judgments constitute a lien upon real estate, subject to execution for 10 years. Ind. Code § 34-55-9-2. Judgments are valid for a period of twenty years.
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.
App. 2005). All final judgments constitute a lien upon real estate, subject to execution for 10 years. Ind.
A judgment lien expires after 5 years from the date it is recorded but may be rerecorded once for another period of 5 years not less than 120 days before the expiration of the initial judgment. Mich. Comp. Laws § 600.2809.
Michigan law offers creditors another advantage in that there are no limits to the number of times a judgment can be renewed. That is not necessarily the case with other states. In a few states, judgments can only be renewed a certain number of times before they automatically expire. Not so in Michigan.
(4) A judgment lien may be rerecorded only once. A judgment lien is rerecorded by recording with the register of deeds, not less than 120 days before the initial expiration date under subsection (1), a second notice of judgment lien that has been certified by the clerk of the court that entered the judgment.
