Mechanics lien is over 15 years old, contractor cannot be located, bought property with lien attached n land contract
2 replies
Jul 13, 2020
Under Michigan law, a lien claimant has one (1) year from recording its lien to enforce it through a foreclosure lawsuit. MCL 570.1117(1). A lien that is more than a year old, 15 years, in this case, cannot be enforced although it may still appear in the chain of title. Think of the lien as "stale" or "expired."
There is a mechanism for removing an old lien that is outlined in Section 128 of the Michigan Construction Lien Act:
Sec. 128. If any statement or claim of lien has been recorded in the office of a register of deeds, and the
time within which proceedings to enforce the lien through foreclosure has elapsed without commencement of
the proceedings, a person with an interest in the real property affected by the lien, or that person's agent or attorney, may make and present to the county clerk of the county in which the statement or claim of lien was recorded, an affidavit showing the time when the statement or claim of lien was recorded and the names of the parties to the statement or claim of lien. The county clerk shall examine the records of his or her office, and if it appears that proceedings to enforce the lien have not been commenced with the time provided by law, the county clerk shall execute and deliver to the owner a certificate of that fact, bearing the seal of the circuit court. The certificate may be recorded in the office of the register of deeds for the county where the statement or claim of lien was recorded, after which the statement or claim of lien shall have no effect.
Ask LevelSet if they have the affidavit described in Section 128 among their standard forms. Otherwise, contact my office for assistance. You'll need a copy of the old lien available.
Peter Cavanaugh,
Cavanaugh & Quesada, PLC
(248) 543-8320
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Jul 14, 2020
Michigan Construction Liens expire 1 year after recording if a foreclosure complaint is not filed. You can file an affidavit with the county clerk which will issue a certificate that the lien has expired and has no effect.
Feel free to call me with any questions you may have.