Michigan Laws 600.2809 – Judgment lien; expiration; rerecording; tolling or suspension of time period; judgment lien extinguished
Current as of: 2024 | Check for updates
|
Other versions
(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.
Terms Used In Michigan Laws 600.2809
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Judgment: means a final judgment of 1 of the following:
(i) A court of record of this state. See Michigan Laws 600.2801Judgment lien: means an encumbrance in favor of a judgment creditor against a judgment debtor's interest in real property, including, but not limited to, after acquired property. See Michigan Laws 600.2801 Lien: A claim against real or personal property in satisfaction of a debt. state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(3) If the judgment expires before the judgment lien expires, the judgment lien expires on the date that the judgment expires.
(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.
(5) The filing of a state or federal insolvency proceeding by the judgment debtor does not toll or suspend the time period in which a judgment lien is effective.
(6) A judgment lien is extinguished when 1 or more of the following are recorded with the office of the register of deeds where the judgment lien is recorded:
(a) A discharge of judgment lien signed by the judgment creditor or the judgment creditor’s attorney.
(b) A certified copy of a satisfaction of judgment that has been filed with the court that issued the judgment.
(c) A certified copy of a court order that discharges the judgment lien.
(d) A copy of the judgment debtor’s discharge in bankruptcy issued by a United States bankruptcy court and a copy of the bankruptcy schedule listing the judgment debt. This subdivision does not apply if an order entered in the judgment debtor’s bankruptcy case determining that the debt is nondischargeable is recorded with the register of deeds.