A Michigan Release of Judgment Lien is a legal document that signifies the satisfaction or removal of a previously filed judgment lien on a property. These liens are typically filed by creditors or individuals who have obtained a judgment against a debtor and want to secure their claim on the debtor's property. Once the judgment has been paid off or settled, the creditor may file a Release of Judgment Lien to relinquish their interest in the property and clear the title. In Michigan, there are two primary types of Release of Judgment Lien: Voluntary Releases and Court-Ordered Releases. 1. Voluntary Releases: When a debtor fulfills their judgment obligation, the creditor may voluntarily release the judgment lien by filing a Voluntary Release of Judgment Lien with the appropriate county clerk's office. This document is also utilized when the debtor and creditor reach a settlement or make alternative arrangements to satisfy the judgment. 2. Court-Ordered Releases: In some cases, a Michigan court may order the release of a judgment lien due to specific circumstances. This can occur if the judgment is determined to be satisfied through a related lawsuit, bankruptcy proceedings, or any other legally significant event. The court will issue an order requiring the judgment creditor to release the lien, and this order shall be recorded with the county clerk. The Michigan Release of Judgment Lien provides the necessary legal steps to clear the title of a property and remove any encumbrances caused by a previously filed judgment lien. It is crucial to file the appropriate release documents to ensure the property's marketability and free and clear ownership rights. To obtain a Release of Judgment Lien in Michigan, the creditor or their legal representative must provide a detailed description of the judgment, including the case number, debtor's information, as well as the amount owed and any interest accrued. The creditor should also attach evidence of the judgment's satisfaction, such as payment receipts or a copy of the court's order requiring the release. Navigating the Michigan Release of Judgment Lien process requires careful attention to detail and adherence to the applicable statutes and procedural requirements. Seeking legal advice or assistance from an attorney specializing in real estate or debt collection matters is advisable to ensure a smooth and accurate release of the lien.
Michigan Release of Judgment Lien
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How to fill out Michigan Release Of Judgment Lien?
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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.
Section 2809 also provides that judgment liens may be extinguished by recording any of the following with the register of deeds: Discharge signed by the judgment creditor or attorney. Satisfaction of judgment. Court order discharging the lien. Bankruptcy discharge (see above)
After you file. After the lien is filed and served, it's valid for 1 (one) year after the filing date in Michigan. Unless you extend it, you have 1 (one) year to enforce the lien if you need to. When you get paid, you should file a lien release to free the property.
Garnishment is a court procedure that allows you to collect the money owed to you by taking in from the judgment debtor's wages, bank account, or another source (such as income tax refunds). To file a garnishment, contact the court clerk for the proper forms. Instructions are provided with the form.
In all cases, the recorded Claim of Lien has a one-year life span; meaning that a lawsuit to enforce or foreclose the lien must be filed within one year after the date the Claim of Lien is recorded. If no lawsuit is filed within the one year, the lien claim dies.
The Michigan Discharge of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.
(1) When any claim of lien has been fully paid, the lien claimant shall deliver to the owner, lessee, or other person making payment a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged.
Do Michigan lien waivers need to be notarized? No, the Michigan statutory lien waiver forms do not require notarization in order to be valid, only a signature by the claimant or the claimant's authorized agent is required.
