Mesa, AZ asked in Real Estate Law and Banking for Michigan

Q: What does MCL 600.6023 (1)(H) mean in layman's terms?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

A: I don't know that there is a good 'short' layman's explanation, but the closest I can come to is that if you have a judgment against you, a judgment creditor cannot execute against a piece of property that has a mortgage against it.

In other words, you can't avoid a mortgage or 'short sell' a property from under a mortgage holder just because you get a judgment against the property owner.

A savvy judgment holder would record a notice of lis pendens before the judgment, and get a 'second lien' as a part of the judgment process to 'stand in line' just after the current lien holders, assuming the property is worth more than the debts against it.

NONE of this is a simple 'DIY' situation. If you are on ANY end of this transaction, you need to be represented by a local licensed attorney!

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