File Notice Lis Pendens Foreclosure In Michigan

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Multi-State
Control #:
US-00403BG
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Word
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Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

Under Michigan's Foreclosure by Advertisement Law, a company must publish a Notice of Sale once a week for four weeks, in a newspaper of general circulation in the county where the property is located. The notice must also be posted on the property at least 15 days after the first Notice of Sale is posted.

Michigan's civil statute of limitations allows: Three years for personal injuries. Up to six years for fraud, trespassing, collection of rent, contracts, and debt collection. Ten years for judgments.

A Notice of Lis Pendens is a document that gives constructive notice of a pending suit to a purchaser of any real estate. The plaintiff files the notice with the register of deeds in counties where affected property are located.

600.2715 Notice lis pendens; duration; extension. (1) A notice of pendency hereafter filed for record shall be effective as notice for a period of 3 years from the date of filing.

“To render the filing of a complaint constructive notice to a purchaser of any real estate, the plaintiff shall file for record, with the register of deeds of the county in which the lands to be affected by such constructive notice are situated, a notice of the pendency of such action, setting forth the title of the ...

A judgment creditor can file a lien with the court 22 days after the judgment is entered against the debtor, provided that the debtor has not appealed or moved to set the judgment aside. The lien is then sent to the register of deeds for recording in the county where the debtor lives.

(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.

A lis pendens does not have a statute of limitations per se. All a lis pendens is, is a notice to the "world" (assuming it is properly recorded with the appropriate recorder's office) that there is pending litigation which could affect title of the property.

More info

Michigan's Foreclosure Law includes a six-month redemption period (12 months for agricultural property that is larger than three acres) for homeowners. A notice of lis pendens is a legal document recorded in the chain of title to real property at the local register of deeds that gives notice to everyone.Send Any Contractual Notices. 3Conducting the Foreclosure. A lis pendens is not a mechanics lien, but it is often required as part of the lien process. Remember that a lis pendens is a notice of a pending lawsuit. Prepare for Case Evaluation (If Applicable). Lis pendens is a notice lenders use when they initiate a foreclosure sale.

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File Notice Lis Pendens Foreclosure In Michigan