Michigan Compiled Laws
497-1980-1 - Part 1 (570.1101...570.1128)
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...

Sec. 122.
(1) If the improvement to the real property is not completed as of the date of commencement of an action in which enforcement of a construction lien through foreclosure is sought or in any action to foreclose a mortgage on the real property on which the incomplete improvement exists, any lien claimant or mortgagee may petition the court for the appointment of a receiver. The petition shall be heard as a motion. A receiver may be appointed by the court upon finding that a substantial unpaid construction lien exists, or that the mortgage on the real property is in default and that the lien claimant, the mortgagee, or both, are likely to sustain substantial loss if the improvement is not completed.
(2) When making an appointment of a receiver under this section, the court shall give consideration to the nominations of the mortgagee and the lien claimant. Any receiver appointed under this section shall be deemed a fiduciary for the benefit of all persons having or claiming interests in the real property, and shall exercise his or her office accordingly.
(3) A receiver shall not be appointed under this section for any residential structure, nor for any apartment building containing 4 or less apartments.
(4) The receiver shall be entitled to possession of the real property upon his or her appointment. Unless otherwise limited by the court, and subject to his or her fiduciary responsibility as provided in this act, the receiver shall have all powers generally exercised by a receiver in a court of equity, including the right to be compensated for his or her services and those of his or her agents and attorneys.
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.