A Michigan Motion for Lien is a legal document used to protect a person’s right to receive payment for goods or services they have provided. The motion allows a lien holder to file a claim against a debtor’s property in order to secure payment. There are two types of Michigan Motion for Lien: a Mechanic's Lien and a Construction Lien. A Mechanic’s Lien is used to secure payment for labor or materials provided for the improvement of real estate. A Construction Lien is used to secure payment for labor or services provided in the construction of a building. Both types of lien must be filed with the county clerk’s office within 90 days of the completion of the work.
Michigan Motion For Lien
State:
Michigan
Control #:
MI-FOC-45
Format:
PDF
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Motion For Lien
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FAQ
What Is a Judgment Lien? A Michigan judgment lien is a document filed with a county recorder or registrar of deeds that attaches to real property in that county owned by the debtor identified in the lien. The lien is an encumbrance on such property, much like a mortgage, tax lien, or home equity line of credit.
Limitations on Judgment Liens If the debtor owns property with his or her spouse as ?tenants by the entireties,? a judgment lien won't attach to the property unless the underlying judgment is against both spouses.
Judgment liens may be filed with the court and recorded with the register of deeds by an attorney or the judgment creditor. An Order for Seizure of Property may be issued by the court clerk 21 days after entry of a judgment. It is also known as a writ of execution and is authorized pursuant to MCL 600.6004.
Judgment liens may be filed with the court and recorded with the register of deeds by an attorney or the judgment creditor. An Order for Seizure of Property may be issued by the court clerk 21 days after entry of a judgment. It is also known as a writ of execution and is authorized pursuant to MCL 600.6004.
Under Michigan lien law, you must file and serve your lien claim. You must serve a copy of the lien on the designee within 15 days of filing. If there is no designee, serve the copy on the property owner. Serve the lien personally, or send it via certified mail, return receipt requested.
Except as otherwise prescribed by statute, this judgment lien expires 5 years after the date it is recorded with the register of deeds or when the underlying judgment expires, whichever is earlier.
In Michigan, the parties allowed to file a mechanics lien are contractors, subcontractors, suppliers, or laborers who provide improvement to real property.
The spouses each have a survivorship right, and each is presumed to own the entire property. Neither can sell or transfer their interest in the property without the other's consent. Creditors of one spouse cannot put a lien on the property.