Michigan Compiled Laws
497-1980-1 - Part 1 (570.1101...570.1128)
Section 570.1117 - Action for Enforcement of Construction Lien Through Foreclosure; Notice of Lis Pendens; Agent Appointed to Represent Laborers; Parties; Action on Contract by Lien Claimant; Enforcement of Lien by Cross-Claim or Counterclaim Where L...

Sec. 117.
(1) Proceedings for the enforcement of a construction lien and the foreclosure of any interests subject to the construction lien shall not be brought later than 1 year after the date the claim of lien was recorded.
(2) At the time of commencing an action for the enforcement of a construction lien through foreclosure, the plaintiff shall record a notice of lis pendens with respect to the action in the office of the register of deeds for the county in which the real property involved in the action is located.
(3) As provided in section 111(6), an action to foreclose on a construction lien may be maintained by an agent appointed to represent laborers.
(4) Each person who, at the time of filing the action, has an interest in the real property involved in the action which would be divested or otherwise impaired by the foreclosure of the lien, shall be made a party to the action.
(5) In connection with an action for foreclosure of a construction lien, the lien claimant also may maintain an action on any contract from which the lien arose.
(6) Except as otherwise provided in subsection (1), a lien claimant who has been made a party to an action for foreclosure of a construction lien may enforce his or her own construction lien in the action by a cross-claim or counterclaim, and the owner or lessee may timely join other or potential lien claimants in the action.
(7) In an action brought by a contractor or subcontractor to enforce a construction lien through foreclosure, the complaint, cross-claim, or counterclaim must show that the owner or lessee was provided a sworn statement, if a sworn statement was requested or required, pursuant to section 110.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;-- Am. 1981, Act 191, Eff. Jan. 1, 1982

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 570 - Liens

Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)

497-1980-1 - Part 1 (570.1101...570.1128)

Section 570.1101 - Short Title.

Section 570.1102 - Meanings of Words and Phrases.

Section 570.1103 - Definitions.

Section 570.1104 - Additional Definitions.

Section 570.1105 - Additional Definitions.

Section 570.1106 - Additional Definitions.

Section 570.1107 - Construction Lien Generally.

Section 570.1107a - Construction Lien for Professional Services Contract by Design Professionals; Notice of Contract; Form; Recording; Validity, Effectiveness, and Duration of Notice; Applicability to Other Liens.

Section 570.1107b - Construction Lien for Subcontract for Professional Services With Design Professional; Approval by Owner; Notice of Subcontract; Form; Recording; Validity, Effectiveness, and Duration of Notice; Applicability to Other Liens.

Section 570.1108 - Improvements to Real Property; Notice of Commencement; Form; Recording; Contents of Notice; Blank Notice of Furnishing; Incorrect Information in Notice; Providing Copy of Notice and Blank Notice of Furnishing Form to Subcontractor,...

Section 570.1108a - Improvement to Residential Structure; Notice of Commencement; Contents of Notice; Blank Notice of Furnishing; Incorrect Information in Notice; Providing Copy of Notice and Blank Notice of Furnishing to Contractor, Subcontractor, S...

Section 570.1109 - Subcontractor, Supplier, or Laborer Contracting to Provide Improvement to Real Property; Service of Notice of Furnishing; Form of Notice; Effect of Failure by Lien Claimant to Provide Notice Within Time Specified; Failure of Labore...

Section 570.1110 - Sworn Statement by Contractor or Subcontractor; Contents; Form; Notice of Receipt; Withholding From Contractor or Subcontractor Amount Due Subcontractors, Suppliers, Laborers, or Lien Claimants; Direct Payments to Lien Claimants; N...

Section 570.1111 - Claim of Lien; Recording; Validity; Form; Assignment; Statement; Proof of Service of Notice of Furnishing; Serving Copy of Claim of Lien and Recorded Proof of Service on Designee, Owner, or Lessee; Claim of Lien of More Than 1 Labo...

Section 570.1112 - Endorsing and Indexing Instrument by Register of Deeds; Recording Fee; Constructive Notice.

Section 570.1113 - Making Available to Lien Claimant Copy of Contract and Statement of Amount Due and Unpaid; Liability of Owner or Lessee; Providing to Owner, Lessee, or Designee Statement of Labor and Material Furnished; Liability of Lien Claimant...

Section 570.1114 - Construction Lien on Interest of Owner or Lessee in Residential Structure; Providing Improvement Under Written Contract Required; Statement; Contents.

Section 570.1114a - Construction Lien Recorded by Unlicensed Person.

Section 570.1115 - Waiver of Construction Lien.

Section 570.1116 - Claim of Lien; Vacation and Discharge; Bond; Penal Sum; Filing; Notification of Lien Claimant; Objection to Sufficiency of Surety; Appearance by Surety; Approval of Bond; Certificate; Recordation; Discharge of Claim of Lien and Not...

Section 570.1117 - Action for Enforcement of Construction Lien Through Foreclosure; Notice of Lis Pendens; Agent Appointed to Represent Laborers; Parties; Action on Contract by Lien Claimant; Enforcement of Lien by Cross-Claim or Counterclaim Where L...

Section 570.1118 - Action to Enforce Construction Lien Through Foreclosure; Circuit Court; Equitable Nature of Action; Enforcement of Lien by Cross-Claim or Counterclaim Filed in Pending Action; Duties of Court; Attorneys' Fees.

Section 570.1118a - Attachment of Claim to Residential Structure; Affidavit; Rebuttable Presumption of Payment by Owner or Lessee to Contractor.

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 Int...

Section 570.1120 - Failure of Owner or Lessee to Perform Contract; Compensation and Additional Damages.

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 Intere...

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; Appoin...

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; R...

Section 570.1124 - Final Account of Receiver; Final Order Directing Distribution of Assets; Order of Priority; Deficiency Judgment; Notice of Hearing.

Section 570.1125 - Assignability of Construction Lien; Powers and Obligations of Assignee.

Section 570.1126 - Construction Lien Concerning Condominium; Limitations; Definitions.

Section 570.1127 - Full Payment of Claim of Lien; Certificate; Discontinuance or Dismissal of Action to Enforce Lien Through Foreclosure and to Discharge Notice of Lis Pendens; Documents; Providing Discharges of Lien and Other Documents.

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.