Legal Question in Real Estate Law in Michigan
Notice of Lis Pendens
My question is. In the State of Michigan, can an investment property be used to secure lien as possible judgment of a civil case?
Plaintiff is filing suit against defendants for five counts in a civil courtof law in State of Michigan. Plaintiff was told by defendants that they had some investment property in another part of state. Former attorney filed a Notice of Lis Pendens on property where defendants lived along with investment property up north.They said they would possibly sell one or two properties to satisfy what plaintiff was owed but now we are in litigation. Plaintiff was contacted by Defendants' Attorneys to release and sign off without any judgment of fees and cost to be incurred against Plaintiff. I don't want to sign off, but I don't know of I have any Cases to support my cause and Michigan Case Law to support my right.
Please let me know what Michigan Law says about liening opposing parties'property(ie.) investment property and what documentation can I use to support it, and what Case Law in Michigan That can be used to support mt cause. I look forward to hearing from you soon.
1 Answer from Attorneys
Re: Notice of Lis Pendens
If you are in litigation, you must have an attorney. If you do not, get one IMMEDIATELY. DO NOT TRY TO DO THIS YOURSELF. You have heard the old adage, I'm sure "One who represents himself has a fool for an attorney." Generally, even attorneys hire other attorneys when they are involved in a personal lawsuit.
If the plaintiff gets a judgment against the defendant, it is possible that the plaintiff can execute on real and personal property owned by the defendant, depending on how the property is titled. You should not sign anything without good solid legal advice.
It is beyond the scope of this forum to do research and supply case law and cites since this would be very time-consuming. You need to hire an attorney who can spend the time needed to properly advise you.
Good luck.
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