A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In Michigan, a lien is a legal claim against property that ensures payment of a debt or fulfillment of an obligation. One common type of lien is a mechanic's lien, which contractors can file when they have not been paid for labor or materials used in improving a property. To place a mechanic's lien on a property, the contractor must follow specific procedures outlined in Michigan's Construction Lien Act, which includes providing a notice of furnishing, recording a claim of lien, and potentially filing a lawsuit to enforce the lien within a certain timeframe. Homeowners' associations (HOAs) can also place liens on properties for unpaid dues or assessments. These liens are governed by the association's bylaws and Michigan state law, which may require the HOA to provide notice to the homeowner and may allow the HOA to foreclose on the lien if the debt is not paid. It's important to note that the effectiveness of any lien depends on proper adherence to the specific legal requirements for filing and enforcing the lien under Michigan law.