REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2807 Property owned as tenants by the entirety; priority; exceptions; sale or refinance of property subject to judgment lien; limitation on proceeds.
Sec. 2807.
(1) A judgment lien does not attach to an interest in real property owned as tenants by the entirety unless the underlying judgment is entered against both the husband and wife.
(2) With the following exceptions, a judgment lien has priority over a lien recorded with the register of deeds after the notice of judgment lien is recorded:
(a) A purchase money mortgage.
(b) A mortgage to the extent that proceeds of the mortgage are used to pay 1 or more of the following:
(i) Purchase money mortgage debt.
(ii) A subsequent refinancing of purchase money mortgage debt.
(iii) A nonpurchase money mortgage recorded before attachment of the judgment lien.
(c) A lien that secures an advance made under a previously recorded future-advance mortgage.
(d) A lien that has or acquires priority by operation of law.
(e) A claim of lien recorded with the register of deeds under section 111 of the construction lien act, 1980 PA 497, MCL 570.1111.
(f) A lien for unpaid assessments or charges due to a condominium association, homeowners' association, or property owners' association that arises from or pursuant to recorded restrictions that run with the land.
(g) A state or federal tax lien.
(3) If property subject to a judgment lien recorded under this chapter is sold or refinanced, proceeds of the sale or refinancing due to a judgment creditor are limited to the judgment debtor's equity in the property at the time of the sale or refinancing after all liens senior to the judgment lien, property taxes, and costs and fees necessary to close the sale or refinancing are paid or extinguished.
History: Add. 2004, Act 136, Eff. Sept. 1, 2004
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 2004–2023 · leading case:
Walters v. Leech, 761 N.W.2d 143 (Mich. Ct. App. 2008).
Walters v. Leech, 761 N.W.2d 143 (Mich. Ct. App. 2008).
· cites it 12× “Our Legislature codified this proposition with respect to judgment liens in MCL 600.2807. MCL 600.2807 became effective September 1, 2004, and provides that “[a] judgment lien does not attach to an interest in real property owned as tenants by the entirety unless the underlying…”
Thomas v. Dutkavich, 803 N.W.2d 352 (Mich. Ct. App. 2010).
· cites it 10× “” MCL 600.2807(1). There is no dispute that the Delta County judgment was entered solely against Steve Pelletier and that the warranty deed reflecting a conveyance of the property listed only Steve Pelletier as the purchaser or vendee.”
Estes v. Titus, 751 N.W.2d 493 (Mich. 2008).
· cites it 2× “16 MCL 600.2807(1). 17 MCL 557.151. 18 MCL 600.”
In Re Guzior, 347 B.R. 237 (Bankr. E.D. Mich. 2006).
· cites it 7× “2807 (1), which states that “[a] judgment lien does not attach to an interest in real property owned as tenants by the entirety unless the underlying judgment is entered against both the husband and wife.” Debtor contends that since there “are no judgment creditors, either…”
Spears v. Boyd (In Re Spears), 313 B.R. 212 (W.D. Mich. 2004).
· cites it 2× “” Mich. Comp. Laws Ann. § 600.2807 (1) (effective September 1, 2004).”
Licavoli v. Licavoli, 807 N.W.2d 914 (Mich. Ct. App. 2011).
· cites it 5× “Our Legislature codified this proposition with respect to judgment liens in MCL 600.2807. MCL 600.2807 became effective September 1, 2004, and provides that “[a] judgment lien does not attach to an interest in real property owned as tenants by the entirety unless the underlying…”
Weatherseal Home Improvements Inc v. Richard J Sable (Mich. Ct. App. 2014).
· cites it 4× “The MJLA grants a judgment lien priority over liens recorded after the judgment lien, with certain exceptions, MCL 600.2807, but is silent with regard to the priority status of a judgment lien over earlier unrecorded conveyances.”
Kimberly Knapp v. Vulpina LLC (Mich. Ct. App. 2019).
“” Estes v Titus, 481 Mich 573, 581 ; 751 NW2d 493 (2008), quoting MCL 600.2807(1) (quotation marks omitted).”
— Mich. Comp. Laws § 600.2807(1) — 7 cases
Estes v. Titus, 751 N.W.2d 493 (Mich. 2008).
“16 MCL 600.2807(1). 17 MCL 557.151. 18 MCL 600.”
Thomas v. Dutkavich, 803 N.W.2d 352 (Mich. Ct. App. 2010).
“” MCL 600.2807(1). There is no dispute that the Delta County judgment was entered solely against Steve Pelletier and that the warranty deed reflecting a conveyance of the property listed only Steve Pelletier as the purchaser or vendee.”
Walters v. Leech, 761 N.W.2d 143 (Mich. Ct. App. 2008).
“Our Legislature codified this proposition with respect to judgment liens in MCL 600.2807. MCL 600.2807 became effective September 1, 2004, and provides that “[a] judgment lien does not attach to an interest in real property owned as tenants by the entirety unless the underlying…”
In Re Guzior, 347 B.R. 237 (Bankr. E.D. Mich. 2006).
“2807 (1), which states that “[a] judgment lien does not attach to an interest in real property owned as tenants by the entirety unless the underlying judgment is entered against both the husband and wife.” Debtor contends that since there “are no judgment creditors, either…”
Licavoli v. Licavoli, 807 N.W.2d 914 (Mich. Ct. App. 2011).
“Our Legislature codified this proposition with respect to judgment liens in MCL 600.2807. MCL 600.2807 became effective September 1, 2004, and provides that “[a] judgment lien does not attach to an interest in real property owned as tenants by the entirety unless the underlying…”
— Mich. Comp. Laws § 600.2807(2)(a) — 1 case
Weatherseal Home Improvements Inc v. Richard J Sable (Mich. Ct. App. 2014).
“The MJLA grants a judgment lien priority over liens recorded after the judgment lien, with certain exceptions, MCL 600.2807, but is silent with regard to the priority status of a judgment lien over earlier unrecorded conveyances.”
— Mich. Comp. Laws § 600.2807(3) — 3 cases
Thomas v. Dutkavich, 803 N.W.2d 352 (Mich. Ct. App. 2010).
“” MCL 600.2807(1). There is no dispute that the Delta County judgment was entered solely against Steve Pelletier and that the warranty deed reflecting a conveyance of the property listed only Steve Pelletier as the purchaser or vendee.”
Weatherseal Home Improvements Inc v. Richard J Sable (Mich. Ct. App. 2014).
“The MJLA grants a judgment lien priority over liens recorded after the judgment lien, with certain exceptions, MCL 600.2807, but is silent with regard to the priority status of a judgment lien over earlier unrecorded conveyances.”
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