• Judgment Lien Arising Under Michigan Act Survives Property Sale But Remains Enforceable Only Against Judgment Debtor, Not Purchaser
  • November 30, 2010 | Authors: John T. Gregg; Patrick E. Mears
  • Law Firm: Barnes & Thornburg LLP - Grand Rapids Office
  • The Michigan Judgment Lien Act, MCL 600.2801, et seq. (the “MJLA”), grants judgment creditors with a lien on real property owned by judgment debtors, subject to certain restrictions. Because the MJLA does not authorize a judgment creditor to foreclose, judgment creditors typically record their liens, provide proper notice and await payment from the proceeds of the sale of the real property subject to the lien. However, a recent decision by the Michigan Court of Appeals reveals that assertion of the lien is not enough, as a purchaser has no obligation to ensure that proceeds from a sale are used to satisfy judgment liens.