Full question:
I hold an individual mortgage on my home and am in the process of refinancing. When the lender checked title, a judicial lien was found against my husband. Based on information I found concerning the judicial lien statutes in Michigan, I do not believe that this lien is proper. MCL 600.101 to 600.9947, Chapter 28, Section 2807 says that a judgment lien does not attach to entireties property unless the underlying judgment is against both husband and wife. This is not the case. This lien must be removed so I can complete the refinance. What is my best avenue to get this lien removed from title quickly?
- Category: Judgment Liens
- Date:
- State: Michigan
Answer:
The ability to remove the judicial lien depends on how the property is titled. The statute you referenced (MCL 600.2807) states that a judgment lien does not attach to property owned as tenants by the entirety unless the judgment is against both spouses. If the lien is only against your husband, it should not affect your ability to refinance.
To remove the lien quickly, you can take the following steps:
Contact the lender or the party who placed the lien to dispute its validity based on the statute.
Obtain documentation proving that the judgment is against only your husband, not both of you.
If necessary, consider filing a motion in court to have the lien discharged, citing the relevant statute.
Once resolved, ensure any discharge or satisfaction of the lien is recorded with the register of deeds to clear the title.
If the lien is valid and you need to refinance, you may need to negotiate with the creditor or explore options for paying off the lien to facilitate the refinance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.