Michigan Partial Release of Judgment Lien

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US-OG-543
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This is a form of a Partial Release of Judgment Lien.

A Michigan Partial Release of Judgment Lien refers to a legal document that allows a creditor to release a portion of their recorded judgment lien on a debtor's property. This release is granted under certain circumstances where the debtor has made a partial payment or negotiated a settlement agreement to satisfy a portion of the debt. In Michigan, there are different types of Partial Releases of Judgment Liens, which include: 1. Voluntary Partial Release: This type of release occurs when the creditor voluntarily agrees to release a portion of the judgment lien upon receiving a partial payment from the debtor. The remaining lien amount will still remain on the property until fully satisfied. 2. Court-Ordered Partial Release: In some cases, the court may order a partial release of the judgment lien based on the debtor's request or upon agreement between both parties. This typically happens when the debtor can demonstrate that a partial release is fair and reasonable, given their financial situation or other mitigating circumstances. 3. Rehabilitation Partial Release: Under Michigan law, a debtor who has successfully completed a court-approved rehabilitation program may be eligible for a partial release of their judgment lien. This type of release aims to support the debtor's efforts to rehabilitate and reestablish their financial stability. 4. Settlement Partial Release: When a debtor and creditor reach a settlement agreement, the creditor may agree to release a portion of the judgment lien upon the debtor's compliance with the settlement terms. This allows the debtor to satisfy a fraction of the debt and potentially regain a degree of financial flexibility. It is important to note that a partial release of a judgment lien does not completely eliminate the debt owed by the debtor. The remaining lien amount will continue to be enforceable until the full judgment is satisfied or released. The credibility and negotiation skills of the debtor may greatly influence the possibility of obtaining a partial release of a judgment lien in Michigan. Overall, a Michigan Partial Release of Judgment Lien serves as a mechanism to provide debtors with some relief from their financial obligations while still upholding the creditor's right to recover the outstanding debt.

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FAQ

Any property you own can be seized to pay the debt. It doesn't have to be related to the debt. Judgment creditors can only seize property you own.

A first lien has a higher priority than other liens and gets first crack at the sale proceeds. If any sale proceeds are left after the first lien is paid in full, the excess proceeds go to the second lien?like a second-mortgage lender or judgment creditor?until that lien is paid off, and so on.

General Lien ? A claim against some or all of a debtor's property; any property may be sold to satisfy the debt. Specific Lien ? A claim against a specific piece of property; only that individual property may be used to collect against the debt.

Record the Claim of Lien in the County Register of Deeds where the Owner's property is located, within 90 calendar days after last labor or material. Serve a copy of the recorded Claim of Lien on the Owner's Designee within 15 days from date of recording by certified mail or personal delivery.

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.

The most common examples for voluntary liens are mortgages on a home and liens placed on cars that are financed. Voluntary liens can be placed on any type of property with value. The point of the voluntary lien is for a lender to secure collateral for a debt or service rendered.

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)

Different Types of Property Liens Mortgage Lien. Mortgage liens are levied for the debt accepted to buy a home. ... Judgment Lien. Judgment liens can be levied by a court when someone fails to repay a debt. ... Attachment Lien. ... Estate Tax Lien. ... Corporate Franchise Tax Lien. ... Federal Tax Lien. ... Mechanic's Lien. ... Vendor's Lien.

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The partial discharge should include the legal description of the property in question so that the judgment lien continues to encumber any other property of  ... Jan 14, 2005 — A copy of a certified notice of judgment lien would have to be served by certified mail on the judgment debtor at his or her last known address; ...600.2811 Recording discharge or partial discharge of judgment lien. Sec. 2811. Within 28 days after payment in full of the amount due on a judgment that is the ... Aug 11, 2022 — To accomplish this, a judgment creditor may file a notice of judgment lien with the court that issued the judgment and record it in the land ... Michigan Court Rule 3.106 requires that the officer prepare and file an inventory with the court clerk, dispose of the property according to the law, deposit ... How to fill out Oakland Michigan Partial Release Of Judgment Lien? Do you need to quickly draft a legally-binding Oakland Partial Release of Judgment Lien ... Requirement: "Discharge or Partial Discharge of the judgment lien disclosed by the Notice of Judgment Lien accepted by exception no. * of this commitment." 3. Complete the form on the right to download your free Michigan Discharge of Lien Form template that can be filled out with a PDF editor or by hand after printing ... TO PROCESS SERVER: You must serve the notice of judgment lien and file proof of service with the court clerk. If you are unable to complete personal service ... Has a judgment or final order been entered (i.e., is the support arrearage subject to modification during the process of establishing the final order)?.

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Michigan Partial Release of Judgment Lien