QUESTION
Does a div. judgment property lien payable in 10 yrs. void out the Michigan statute of 5 years on liens?
Asked on Nov 06th, 2012 on Divorce - Michigan
More details to this question:
The other party has rerecorded the lien once in 06 and is now due in Dec. of this year. Due to the fact that the lien has exhausted the 5-year statute time and is now almost 7 years since the re-recording, does it still have any legal value or is it done? The original divorce lien was recorded on January 17, 2003.
2 ANSWERS
Dennis P. Mikko
The Judgment of Divorce allows for payment in 10 years. The debt is due and payable as set forth in the JOD. If the Judgment was recorded, the lien would be effective today.
Answered on Nov 09th, 2012 at 6:08 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
It depends on why the lien was not rerecorded within the time limit. I have seen Judges go either way with this issue. In fact, a Judge in Oakland County recently ruled that because the recording was not done at no fault of the party owed the funds, and the other party was supposed to have resolved this, the lien was still valid at time when the payment was due.
Answered on Nov 08th, 2012 at 4:30 AM