If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.
Michigan Release of Judgment Lien - Abstract of Judgment
Category:
State:
Multi-State
Control #:
US-OG-538
Format:
Word;
Rich Text
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How to fill out Release Of Judgment Lien - Abstract Of Judgment?
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FAQ
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.
If the defendant does not pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment. To get an execution against property or garnishment, you will first need to know: Where the defendant lives and works.
A judgment from a Small Claims case expires six years after it is issued. Most other judgments in Michigan expire 10 years after they are issued. You can renew a judgment before it expires by filing a motion to renew a judgment.
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.
Unless the judgment is earlier satisfied or the judgment lien is released, a real property judgment lien typically remains in effect for 10 years from the date of entry of the judgment. See CCP § 697.310(b).
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.
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)
Creditors of one spouse cannot put a lien on the property. However, if both spouses are liable for the same debt, the creditor can reach the property. If the couple gets divorced, the tenancy by the entirety becomes a tenancy in common, unless their judgment of divorce states otherwise.
