600.2809 Judgment lien; expiration; rerecording; tolling or suspension of time period; judgment lien extinguished.

309 words·~1 min read·/mi/chapter-600/600-2809

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 2809.

(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.

(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.

History: Add. 2004, Act 136 , Eff. Sept. 1, 2004