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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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I live in Michigan which is a tenancy by entireties state. I

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I live in Michigan which is a tenancy by entireties state. I own a home jointly with my husband. In 2013 my husband filed chapter 13 on business debts that he personally had guaranteed. We have discovered that the banks attorney filed a judgment lien on our property. I have never had anything to do with his business, nor did I guarantee any of the business debt. Further, I did not file bankruptcy, but my home is has a lien and the attorney that placed the lien has lied to my husbands attorney and said that it is not on real property, but rather a floating lien. The lien is recorded at the local register of deeds and clearly states that it is a lien on our personal property. I am considering a lawsuit for clouding the title and also a complaint with the Michigan attorney grievance board. Some direction please.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has any paperwork been filed?
Customer: Only the lien with the register of deeds
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

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?

Customer: replied 8 months ago.
she has Refised to release the lien

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.

Customer: replied 8 months ago.
It was discharged. It was on a commercial that was surrendered back to the bank.

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.

Customer: replied 8 months ago.
In the county where it is filed or where I live

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.

Hello: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating for the service I provided to you.. If the answer was especially helpful you can provide a bonus too! Best regards.

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