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How do I file action to enforce a lien in Michigan

I have a lien that is coming up on expiring - how do I enforce this lien?

3 replies

Mar 18, 2021

An action (lawsuit) to enforce a construction lien must be filed in court within one year of recording or the lien "expires."

I would be glad to review and consider filing a construction lien foreclosure lawsuit on your behalf. But I will need to see the lien itself to first evaluate whether our firm in Royal Oak would be a good fit to help you. A lien foreclosure lawsuit must be filed in the county where the real property is located. I also need to be sure we don't have any conflicts of interest.

Please email me your lien and reference "LevelSet Lien 2" in your email. Please include your name and contact information. And then give me a few days to review and respond to you.

If we agree to take on your case, we will need to discuss the terms of an engagement letter, which is a lawyers contract with the client.

Peter Cavanaugh

Email: pcavanaugh@CQlawfirm.com

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Mar 23, 2021

You must file a complaint to foreclose the lien within one year of recording of claim of lien. The complaint must be filed in the circuit court for the county in which the project property is located. The lien foreclosure complaint should name the owner of the property, and all other parties with an interest in the property (mortgagee, other lien claimants, …etc.). In addition to the lien foreclosure claim, you should include all other causes of action that you may have arising out of the project (e.g. Breach of Contract, unjust enrichment,…etc.). Please call me to discuss the lien foreclosure process. I would be happy to assist you with your case.

Brian P. Lick
CLARK HILL PLC
212 East César E. Chávez Avenue | Lansing, Michigan 48906
517.318.3058 (direct) | 517.318.3084 (fax) | 517.881.2468 (mobile)
blick@clarkhill.com | www.clarkhill.com

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Mar 25, 2021

As you hire an attorney to assist you with the next step, keep in mind the following: 1. why is there a lack of payment? Do you have risk if you proceed forward, for example because of disputes over the quality of your workmanship? Are you properly licensed for the work you do and does your contract include the correct language (if it is residential)? And so forth. Pause, evaluate and act within the time permitted. 2. how much is the claim for? Sometimes you are better to proceed with a straight collection action in District Court as it can be much cheaper. If the person who owes you is collectible and you don't "need" the lien, that can sometimes be more effective. For smaller amounts even small claims can be a viable option (no lawyer involved, or coaching in the background). 3. Time frame ... you typically need enough time to check conflicts, determine ALL persons with an interest in the property, perhaps including junior liens, and get the suit filed. Once a suit kicks off to foreclose, they can range from a default (no response from the other side) to knock down, drag out battles. Just be sure to pick someone with some experience.

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