Section 570.1128 – Failure to Commence Proceedings to Enforce Lien Within Time Provided by Law; Certificate; Recording; Affidavit Showing Time Statement or Claim of Lien Recorded.
570.1128 Failure to commence proceedings to enforce lien within time provided by law; certificate; recording; affidavit showing time statement or claim of lien recorded. Sec. 128. If any statement or claim of lien has been recorded in the office of a register of deeds, and the time within which proceedings to enforce the lien through […]
Section 570.1118a – Attachment of Claim to Residential Structure; Affidavit; Rebuttable Presumption of Payment by Owner or Lessee to Contractor.
570.1118a Attachment of claim to residential structure; affidavit; rebuttable presumption of payment by owner or lessee to contractor. Sec. 118a. (1) A claim of construction lien does not attach to a residential structure, to the extent payments have been made, if the owner or lessee files an affidavit with the court stating that the owner […]
Section 570.1119 – Claims of Lien Having Equal Priority; Priority of Construction Lien Over Garnishments and Over Other Interests, Liens, or Encumbrances; Attachment; Effect of Recording; Priority of Recorded Mortgage, Lien, Encumbrance, or Other Interest Over Construction Lien; Advances; Retainage.
570.1119 Claims of lien having equal priority; priority of construction lien over garnishments and over other interests, liens, or encumbrances; attachment; effect of recording; priority of recorded mortgage, lien, encumbrance, or other interest over construction lien; advances; retainage. Sec. 119. (1) Except as otherwise provided by subsection (4), as between parties entitled to claim construction […]
Section 570.1120 – Failure of Owner or Lessee to Perform Contract; Compensation and Additional Damages.
570.1120 Failure of owner or lessee to perform contract; compensation and additional damages. Sec. 120. If a lien claimant, by reason of the failure of an owner or lessee to perform the contract, and without fault on the part of the lien claimant, has been prevented from completely performing the contract, the lien claimant shall […]
Section 570.1121 – Judgment of Foreclosure; Sale of Real Property or Improvement; Satisfaction of Lien From Rents, Profits, and Income; Adding Tax and Insurance Premium Payments; Affidavit; Redemption Period; Conduct of Sale; Right, Title, and Interest Vested in Grantee; Final Order; Deficiency Judgment; Surplus; Bringing Sale Proceeds Into Court; Redemption.
570.1121 Judgment of foreclosure; sale of real property or improvement; satisfaction of lien from rents, profits, and income; adding tax and insurance premium payments; affidavit; redemption period; conduct of sale; right, title, and interest vested in grantee; final order; deficiency judgment; surplus; bringing sale proceeds into court; redemption. Sec. 121. (1) If the court finds […]
Section 570.1122 – Appointing Receiver in Action to Enforce Construction Lien Through Foreclosure or in Action to Foreclose Mortgage; Petition; Motion; Finding; Appointment; Nominations by Mortgagee and Lien Claimant; Fiduciary Responsibility; Appointment of Receiver for Residential Structure or Certain Apartment Buildings Prohibited; Power of Receiver.
570.1122 Appointing receiver in action to enforce construction lien through foreclosure or in action to foreclose mortgage; petition; motion; finding; appointment; nominations by mortgagee and lien claimant; fiduciary responsibility; appointment of receiver for residential structure or certain apartment buildings prohibited; power of receiver. Sec. 122. (1) If the improvement to the real property is not […]
Section 570.1123 – Petition by Receiver for Authority to Complete Construction of Improvements, Borrow Money, Grant Security, or Sell Real Property Under Foreclosure; Sale; Redemption Period; Purchase of Real Property by Lien Claimant or Mortgagee; Right, Title, and Interest Vested in Grantee.
570.1123 Petition by receiver for authority to complete construction of improvements, borrow money, grant security, or sell real property under foreclosure; sale; redemption period; purchase of real property by lien claimant or mortgagee; right, title, and interest vested in grantee. Sec. 123. (1) The receiver may petition the court for authority to complete construction of […]
Section 570.1124 – Final Account of Receiver; Final Order Directing Distribution of Assets; Order of Priority; Deficiency Judgment; Notice of Hearing.
570.1124 Final account of receiver; final order directing distribution of assets; order of priority; deficiency judgment; notice of hearing. Sec. 124. (1) Upon the completion of the sale of the real property, the receiver shall prepare and submit a final account for examination and approval by the court. The court shall enter a final order […]
Section 570.1125 – Assignability of Construction Lien; Powers and Obligations of Assignee.
570.1125 Assignability of construction lien; powers and obligations of assignee. Sec. 125. A construction lien which arises under this act is assignable. Proceedings for the enforcement of the lien may be maintained by, and in the name of, the assignee. In that case, the assignee shall have the same power to enforce the construction lien, […]
Section 570.1126 – Construction Lien Concerning Condominium; Limitations; Definitions.
570.1126 Construction lien concerning condominium; limitations; definitions. Sec. 126. (1) A construction lien, concerning a condominium, arising under this act is subject to the following limitations: (a) Except as otherwise provided in this section, a construction lien for an improvement furnished to a condominium unit or to a limited common element shall attach only to […]