Michigan Laws 570.374 – Notice of lien
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 570.374
- Facility: means a marina, boatyard, boat or yacht club, or marine repair facility that provides, as part of its commercial operation, for the storage or repair of boats, boat motors, boat cradles, or boat trailers. See Michigan Laws 570.372
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means a boat, boat motor, boat cradle, or boat trailer in storage at a facility for or following service, repair, or storage. See Michigan Laws 570.372
(1) A facility owner shall notify a property owner and all prior lienholders of a lien created under this act before enforcing the lien. A property owner is notified if either of the following has occurred:
(a) The property owner has signed a written repair, service, or storage agreement that includes a notice of the lien created under this act.
(b) The facility owner has mailed written notification of the lien created under this act to the property owner and all prior lienholders or has otherwise satisfied the requirements of section 5(5)(a).
(2) A facility owner who does not have a written storage or service agreement that includes a notice of a lien created under this act on property originally left at the facility only for repairs, labor, maintenance services, or materials installation on a repair order shall not do either of the following:
(a) File a lien for service or storage fees on the property before 30 days after the notice of intent to commence service or storage fees was filed with the prior lienholder.
(b) Initiate an enforcement of lien action under section 5 until 30 days after the written notice of a lien required by subsection (1)(b) is delivered to the property owner and all prior lienholders.