Michigan Compiled Laws

Mich. Comp. Laws § 600.6051 (2026)

Execution against real estate; effect; notice; invalid after 5 years.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.6051 Execution against real estate; effect; notice; invalid after 5 years.

Sec. 6051.

No levy by execution on real estate is valid:

(1) Against bona fide conveyances made subsequent to such levy, until a notice thereof, containing the names of the parties to the execution, a description of the premises levied upon, and the date of such levy, is filed by the officer making the levy in the office of the register of deeds of the county where the premises are situated. Such levy is a lien thereon from the time when notice is deposited; and the lien thus obtained is, from the filing of such notice, valid against all prior grantees and mortgagees of whose claims the party interested has neither actual nor constructive notice. The register shall record the same in full upon the records of that office, and make an index to the record, in a manner convenient for public reference, of the names of the parties to the execution as stated in the notice. The officer shall receive for making and recording the notice, the sum of 50 cents, and the register of deeds shall receive the same fee as is allowed by law for recording deeds, which fee the serving officer shall add to the costs to be collected by the execution and in like manner, collect the same. When the execution is fully paid, satisfied or discharged, the clerk of the court who issued execution, shall give to the defendant a certificate, signed by the sheriff and under seal of the court, that the execution is satisfied or discharged; and the certificate may be recorded in the same manner as is notice.

(2) After the expiration of 5 years from making the levy, unless the real estate is sold thereon or within such period.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1965, Act 284, Imd. Eff. July 22, 1965 ;-- Am. 1967, Act 278, Eff. Nov. 2, 1967

Notes of Decisions

Cited in 8 cases, 1973–2018 · leading case: In Re Dow Corning Corp., 192 B.R. 428 (Bankr. E.D. Mich. 1996).

Sort: Relevance Newest Treatment

In Re Dow Corning Corp., 192 B.R. 428 (Bankr. E.D. Mich. 1996). · cites it 4× “Just as importantly, the Michigan statute, Mich.Comp. Laws § 600.6051, which is consistent with Michigan’s land title recording statute, Mich.”

United States v. Sumpter (In Re Sumpter), 136 B.R. 690 (Bankr. E.D. Mich. 1991). · cites it 2× “Mich.Comp.Laws §§ 600.6051, 565.29; Williams v.”

Brownell Realty, Inc v. Kelly, 303 N.W.2d 871 (Mich. Ct. App. 1981). · cites it 2× “5809(3) or by MCL 600.6051; MSA 27A.6051. MCL 600.5809(3); MSA 27A.”

First Nat'l Bank v. Hasty, 410 F. Supp. 482 (E.D. Mich. 1976). “§ 600.6051). 12 . He did raise the argument with regard to the August 7 writ.”

Morris v. Wolfe, 210 N.W.2d 16 (Mich. Ct. App. 1973). “Since the property at issue was not subject to the bankruptcy proceedings, defendants are not injured by our recognition that valid preexisting liens survive a discharge in bankruptcy.”

Harbour Towne Marina Ass'n v. Geile, 564 N.W.2d 509 (Mich. Ct. App. 1997). “A separate section, MCL 600.6051(2); MSA 27A.6051(2), imposes a five-year time limit on a real estate levy.”

Bob Woodward v. Christopher Schwartz (Mich. Ct. App. 2018). “See MCL 600.6051. On March 24, 2016, upon the motion of another judgment creditor, the bankruptcy court formally abandoned Chaban’s residence as an asset of the bankruptcy estate.”

— Mich. Comp. Laws § 600.6051(2) — 1 case

Harbour Towne Marina Ass'n v. Geile, 564 N.W.2d 509 (Mich. Ct. App. 1997). “A separate section, MCL 600.6051(2); MSA 27A.6051(2), imposes a five-year time limit on a real estate levy.”

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