Real Estate Law
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Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
This sounds very odd. In states that recognize property ownership in the form of tenancy by the entireties, a judgment lien normally does not attach to jointly-owned real property at all. The only exception to this is if the creditor also took a judgment against both of you. And here, you say there is no judgment against you. Also, a floating lien usually would not attach to real property, although it could in some cases. So, you have some ammunition. Has the attorney refused to remove the lien from the register of deeds?
Wasn't that judgment lien discharged in your husband's bankruptcy or was there a payment schedule?
Even so, MCL Section 2807 (1) provides that a judgment lien does not attach to entireties property unless the judgment is entered against both husband and wife. You would make a motion to have the court remove the lien. We can discuss further.
Okay. So, we know that you have a cause of action to request the court to remove the lien. You would have to make a motion or petition the court for its removal. We can continue to discuss if you would like to do so.
In the county were it is filed, would should be in the county were the property is. We can continue to discuss if you would like to do so.
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