reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.431 - Sale of Craft; Duty of Sheriff.

570.431 Sale of craft; duty of sheriff.
Sec. 31.
It shall be the duty of the sheriff, upon receiving the amount of the bid from the purchaser, or in case the purchaser is the complainant or an intervenor, upon receiving so much of the bid as the court or judge thereof shall direct by special order, reference being had to the relative amount of the buyer's claim, to deliver such water-craft and appurtenances to the purchaser and also a bill of sale thereof, and to deliver to the clerk the amount by him, the sheriff, so received.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6676 ;-- How. 8265 ;-- CL 1897, 10818 ;-- CL 1915, 14921 ;-- CL 1929, 13167 ;-- CL 1948, 570.431
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.432 - Sale of Craft; Bill of Sale, Contents, Use as Evidence, Effect on Title.

570.432 Sale of craft; bill of sale, contents, use as evidence, effect on title.
Sec. 32.
A copy of the last enrollment, if any, of such watercraft, shall be recited in the bill of sale, if such copy can be obtained; and a copy of the judgment or decree, with the order of sale, shall also be recited in such bill of sale; and such recital, together with a copy of such decree and order, certified by the clerk, under the seal of the court, shall be full and complete evidence of the regularity of the decree and sale in all courts and places, and shall supersede the necessity of any other proof thereof to validate said bill of sale; and all bills of sale containing such recital and supported by such proof shall be as effectual to pass the title of such water-craft therein mentioned, free and clear of all liens existing before such sale under this act or any previous law of this state, and all liens asserted or which might have been asserted in the proceedings prior to sale to the purchaser, as fully as if made by the owners immediately before the sale, and shall also vest in such purchaser an indefeasible title as against all chattel mortgages or other incumbrances created by the owner as well as against the owner himself, and such liens as aforesaid.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6677 ;-- How. 8266 ;-- CL 1897, 10819 ;-- CL 1915, 14922 ;-- CL 1929, 13168 ;-- CL 1948, 570.432
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.433 - Sale of Craft; Distribution of Proceeds.

570.433 Sale of craft; distribution of proceeds.
Sec. 33.
The sum delivered by the sheriff, to the clerk as aforesaid, shall be distributed by the court, or by the circuit judge at chambers, upon motion of any party in interest of record, prior to the sale, and due notice to the other parties, and after the following manner:
First. The costs accruing upon all complaints filed before sale, and on which judgment or decree are, or may be within 20 days thereafter, rendered in favor of the complainant.
Second. Salvage.
Third. Seaman's wages.
Fourth. All other claims filed prior to sale, and on which decree, or judgment, may have been, or may, within 20 days thereafter be rendered, in favor of complainant.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1865, Act 323, Eff. June 22, 1865 ;-- Am. 1867, Act 82, Eff. June 27, 1867 ;-- CL 1871, 6678 ;-- How. 8267 ;-- CL 1897, 10820 ;-- CL 1915, 14923 ;-- CL 1929, 13169 ;-- CL 1948, 570.433
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.434 - Sale of Craft; Distribution of Surplus.

570.434 Sale of craft; distribution of surplus.
Sec. 34.
Any portion of the sum so paid by the sheriff to the clerk, or of a deposit remaining after such distribution as aforesaid shall be denominated surplus proceeds, and when any claim or complaint shall be filed against the same, as provided in section 11 of this act, distribution shall be directed by the court, after decrees or judgment, upon motion and notice as provided in the last section, and after the following order:
First. All costs upon claims passing into decree which were filed after sale:
Second. All other liens enforceable under this act against the water-craft prior to sale in the order in which they were filed:
Third. All claims upon mortgages of such water-craft or other incumbrances created by the owner in proportion to the interest they cover and priority:
Fourth. The owner.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1865, Act 323, Eff. June 22, 1865 ;-- CL 1871, 6679 ;-- How. 8268 ;-- CL 1897, 10821 ;-- CL 1915, 14924 ;-- CL 1929, 13170 ;-- CL 1948, 570.434
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.435 - Sale of Craft; Payment of Claims Based on Subsequent Decree or Appeal.

570.435 Sale of craft; payment of claims based on subsequent decree or appeal.
Sec. 35.
In case the sum for which the water-craft is sold, is sufficient to pay all the claims filed before sale, with costs thereon, the court may, from time to time, order such claim and costs thereon to be paid, in whole or in part, as decrees may from time to time be rendered; and in case of appeal from any decree, as hereinafter provided, the court may order distribution of such portion of the sum brought on the sale as may seem just and proper.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6680 ;-- How. 8269 ;-- CL 1897, 10822 ;-- CL 1915, 14925 ;-- CL 1929, 13171 ;-- CL 1948, 570.435
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.436 - Appeal to Supreme Court; Claim, Bond.

570.436 Appeal to supreme court; claim, bond.
Sec. 36.
Any party complaining or defending, who may think himself aggrieved by the final decree or judgment of the court, may appeal therefrom to the supreme court; a claim of appeal shall be filed with the clerk within 10 days after the making of the decree or judgment appealed from, and the appellant shall within 5 days thereafter, file a bond to the adverse party with the clerk, with surety or sureties to be approved as hereinbefore provided in case of bonding the water-craft, and to be in case of an appeal by a defendant, in a penalty double the amount of the decree or judgment conditioned to abide the order of the appellate court, and further conditioned that judgment may be entered against them in accordance with such order; in case of appeal by complainant the penalty shall be 200 dollars, and the condition as above provided.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6681 ;-- How. 8270 ;-- CL 1897, 10823 ;-- CL 1915, 14926 ;-- CL 1929, 13172 ;-- CL 1948, 570.436
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.437 - Appeal to Supreme Court; Transcript of Record.

570.437 Appeal to supreme court; transcript of record.
Sec. 37.
Upon such appeal being perfected, it shall be the duty of the clerk to prepare a transcript of the pleadings, and the judgment or decree of the court below, and send up the same with any original depositions taken in the case, within 20 days thereafter.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6682 ;-- How. 8271 ;-- CL 1897, 10824 ;-- CL 1915, 14927 ;-- CL 1929, 13173 ;-- CL 1948, 570.437
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.438 - Appeal to Supreme Court; Hearing De Novo.

570.438 Appeal to supreme court; hearing de novo.
Sec. 38.
The hearing in the supreme court shall be de novo upon such transcript and depositions, and further testimony taken as provided in the next section.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6683 ;-- How. 8272 ;-- CL 1897, 10825 ;-- CL 1915, 14928 ;-- CL 1929, 13174 ;-- CL 1948, 570.438
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.439 - Appeal to Supreme Court; Jurisdiction, Acquisition, Taking of Testimony.

570.439 Appeal to supreme court; jurisdiction, acquisition, taking of testimony.
Sec. 39.
The causes shall be considered as in the supreme court, from the perfecting of the appeal; and at any time within 60 days thereafter, unless the time shall be extended by order of any justice of the court, either party may take testimony by deposition or commission, in the mode now provided by law in any case, without regard to the place of residence of the witness.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6684 ;-- How. 8273 ;-- CL 1897, 10826 ;-- CL 1915, 14929 ;-- CL 1929, 13175 ;-- CL 1948, 570.439
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.440 - Appeal to Supreme Court; Order.

570.440 Appeal to supreme court; order.
Sec. 40.
The supreme court shall hear and determine such appeal, and shall have power to reverse, affirm or modify the judgment or decree of the court below, and to make such other order as shall be just.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6685 ;-- How. 8274 ;-- CL 1897, 10827 ;-- CL 1915, 14930 ;-- CL 1929, 13176 ;-- CL 1948, 570.440
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.441 - Appeal to Supreme Court; Judgment on Order.

570.441 Appeal to supreme court; judgment on order.
Sec. 41.
Upon filing a certified copy of the order of the supreme court in the court below, judgment shall be entered in accordance therewith, against such parties as the court shall direct, and against all principals and sureties in any bond or bonds filed by such parties.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6686 ;-- How. 8275 ;-- CL 1897, 10828 ;-- CL 1915, 14931 ;-- CL 1929, 13177 ;-- CL 1948, 570.441
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.442 - Fees; Clerk, Sheriff, Attorney.

570.442 Fees; clerk, sheriff, attorney.
Sec. 42.
The fees of the clerk and sheriff, shall be the same as now provided by law, in personal actions, in the circuit court, as near as may be, and the court shall have power, by general order, to make all needed modifications. The court shall also have power, in any particular case, to make a further allowance to the sheriff, or his deputies, when the circumstances of the case shall require. The sheriff shall receive, for the custody of any craft, under 75 tons, 1 dollar per day; if over 75 tons, 1 dollar and 50 cents per day. The fees of attorneys, to be taxed in favor of the prevailing party, shall be the same as provided in personal actions, by the rules of the circuit court.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1867, Act 82, Eff. June 27, 1867 ;-- CL 1871, 6687 ;-- How. 8276 ;-- CL 1897, 10829 ;-- CL 1915, 14932 ;-- CL 1929, 13178 ;-- CL 1948, 570.442
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.443 - Rules of Practice.

570.443 Rules of practice.
Sec. 43.
The supreme court may make any rules deemed necessary for the regulation of proceedings under this act, not conflicting with any of its provisions.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6688 ;-- How. 8277 ;-- CL 1897, 10830 ;-- CL 1915, 14933 ;-- CL 1929, 13179 ;-- CL 1948, 570.443
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.444 - Proceedings Upon Cases Arising in Other States.

570.444 Proceedings upon cases arising in other states.
Sec. 44.
In cases where by the general maritime law or laws of any other of the United States, now or hereafter to be passed, liens similar to those provided for in this act shall have been created against water-craft, the same may be enforced under the proceedings established by this act, in like manner as if they accrued in this state, and chattel mortgages upon such water-craft, or other interest therein held in such other states under the laws thereof, may be enforced hereunder against surplus proceeds, in like manner as if held in this state under its laws.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6689 ;-- How. 8278 ;-- CL 1897, 10831 ;-- CL 1915, 14934 ;-- CL 1929, 13180 ;-- CL 1948, 570.444
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.445 - Enforcement of Lien; Time Limitation, Effect of Bona Fide Purchase of Craft.

570.445 Enforcement of lien; time limitation, effect of bona fide purchase of craft.
Sec. 45.
Liens may be enforced under this act at any time within 6 years from their origin: Provided, That no lien shall be enforced against a water-craft in the hands of a bona-fide purchaser without notice, unless a complaint to enforce the same shall have been filed in the proper court in the county where the party claiming the lien resides, within 1 year from the time when the same accrued.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6690 ;-- How. 8279 ;-- CL 1897, 10832 ;-- CL 1915, 14935 ;-- CL 1929, 13181 ;-- CL 1948, 570.445
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.446 - Costs; Security; Taxation, Appeal.

570.446 Costs; security; taxation, appeal.
Sec. 46.
The complainant and intervenors shall, at the time of filing their complaints, file security for costs to the satisfaction of the clerk; and the attorney for complainant or intervenor shall be liable for all costs and expenses until such security shall be given, and payment of the same may, upon motion of the court, be enforced by summary process of attachment: Provided, That in suits for seamen's wages no security for costs shall be required, except by special order of the court or judge thereof, upon motion and notice, and for good cause shown. Costs shall be taxed by the clerk upon notice as provided by the rules of the circuit courts, and either party may appeal from the taxation to the court, by filing his objections, serving a copy thereof upon the adverse party, and bringing the same to hearing upon notice.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6691 ;-- How. 8280 ;-- CL 1897, 10833 ;-- CL 1915, 14936 ;-- CL 1929, 13182 ;-- CL 1948, 570.446
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.447 - Proceedings and Practice; Depositions, Writs, Costs.

570.447 Proceedings and practice; depositions, writs, costs.
Sec. 47.
The proceedings and practice under this act shall be the same as in personal actions at law except as herein otherwise provided so far as the same may be applicable, and the depositions of witnesses may be taken for the same causes, in the same manner and with the like effect as in personal actions. Forms of writ under this act shall be devised by the court in analogy to those in use in such actions and in case the claimant of such water-craft or any person interested therein defending such suit shall prevail either upon an issue of law or of fact, the court shall render judgment in his favor for all costs incurred in such said suit and for all damages which he may have sustained by reason of the seizure of such water-craft to be assessed by the court or a jury the same as in personal actions, and the court may render judgment against the complainant and his surety for costs, and in favor of the party interested defending such claim. And execution may issue for the collection of such damages and costs, the same as in personal actions.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- Am. 1865, Act 323, Eff. June 22, 1865 ;-- CL 1871, 6692 ;-- How. 8281 ;-- CL 1897, 10834 ;-- CL 1915, 14937 ;-- CL 1929, 13183 ;-- CL 1948, 570.447
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.448 - Record of Proceedings; Fee for Certifying Copies.

570.448 Record of proceedings; fee for certifying copies.
Sec. 48.
The proceedings under this act shall be deemed matters of record, but the same shall not be required to be recorded at large, but shall be carefully filed, kept and numbered, being fastened together in the clerk's office, and a docket, calendar or short memorandum thereof, with the numbers, kept in a book by the clerk; and the clerk for affixing his name and the seal of the court to any form or paper, or certifying a copy thereof, shall be entitled to receive as compensation $1.00 per page.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6693 ;-- How. 8282 ;-- CL 1897, 10835 ;-- CL 1915, 14938 ;-- CL 1929, 13184 ;-- CL 1948, 570.448 ;-- Am. 1963, Act 28, Imd. Eff. Apr. 25, 1963
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 59 of 1864 (Ex. Sess.) - Lien on Watercraft (570.401 - 570.449) › Section 570.449 - Clerk of Recorder's Court; Bond.

570.449 Clerk of recorder's court; bond.
Sec. 49.
The clerk of the recorder's court of the city of Detroit, before performing any duties under this act, shall file with the city clerk, a bond to the people of the state, in a penalty of 5,000 dollars, with 2 sufficient sureties to be approved by the recorder or judge of the court, conditioned to safely keep and account for all moneys received by him under this act, and to abide by all orders of the court relative thereto; and said bond may be prosecuted by any party injured, in his own name.
History:
1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6694 ;-- How. 8283 ;-- CL 1897, 10836 ;-- CL 1915, 14939 ;-- CL 1929, 13185 ;-- CL 1948, 570.449
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 148 of 1985 - Self-Service Storage Facility Act (570.521 - 570.527) › Section 570.521 - Short Title.

570.521 Short title.
Sec. 1.
This act shall be known and may be cited as the "self-service storage facility act".
History:
1985, Act 148, Eff. Mar. 31, 1986
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 148 of 1985 - Self-Service Storage Facility Act (570.521 - 570.527) › Section 570.522 - Definitions.

570.522 Definitions.
Sec. 2.
As used in this act:
(a) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of congress, or an order of the governor.
(b) "Armed forces" means that term as defined in section 2 of the veteran right to employment services act, 1994 PA 39, MCL 35.1092.
(c) "Last known address" means the street address, post office box, or electronic mail address provided by the tenant in the latest rental agreement or in a subsequent written notice of change of address by hand delivery, first-class mail, or electronic mail.
(d) "Michigan national guard" means that term as defined in section 105 of the Michigan military act, 1967 PA 150, MCL 32.505.
(e) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility or self-contained storage unit or his or her agent or any other person authorized by him or her to manage the facility or to receive rent from a tenant under a rental agreement.
(f) "Rental agreement" means an agreement or lease that establishes or modifies terms, conditions, rules, or any other provision concerning the use and occupancy of a self-service storage facility or use of a self-contained storage unit.
(g) "Self-contained storage unit" means a unit not less than 500 cubic feet in size, including, but not limited to, a trailer, box, or other shipping container, that is leased by a tenant primarily for use as storage space whether the unit is located at a facility owned or operated by the owner or at another location designated by the tenant.
(h) "Self-service storage facility" or "facility" means any real property designed or used for the purpose of renting or leasing individual storage space to tenants who are to have access to that space for the purpose of storing and removing personal property.
(i) "Service member" means a member of the armed forces, a reserve branch of the armed forces, or the Michigan national guard.
(j) "Tenant" means a person or the person's sublessee, successor, or assign entitled to the use of storage space to the exclusion of others at a self-service storage facility or in a self-contained storage unit under a rental agreement.
History:
1985, Act 148, Eff. Mar. 31, 1986 ;-- Am. 2000, Act 443, Imd. Eff. Jan. 9, 2001 ;-- Am. 2009, Act 177, Imd. Eff. Dec. 15, 2009
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 148 of 1985 - Self-Service Storage Facility Act (570.521 - 570.527) › Section 570.523 - Lien; Attachment; Priority; Written Notice; Limit on Property Value; Late Payment Charge.

570.523 Lien; attachment; priority; written notice; limit on property value; late payment charge.
Sec. 3.
(1) The owner of a self-service storage facility or a self-contained storage unit and the heirs, personal representatives, successors, and assignees of the owner have a lien upon all personal property, whether or not owned by the tenant, located at the self-service storage facility or self-contained storage unit for rent or other lawful charges incurred relative to the storage of the personal property, including expenses necessary for its preservation, or reasonably incurred in its sale pursuant to this act. The lien attaches on the date the personal property arrives at the self-service storage facility or self-contained storage unit or the date a rental agreement for the storage space is signed by the tenant, whichever is earlier.
(2) The priority of a lien under this act is as provided in section 5(14).
(3) If a tenant defaults on a rental agreement, the owner shall give notice to all holders of a perfected security interest under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102, in which the tenant is named as a debtor.
(4) At the commencement of a rental agreement for storage space at a self-service storage facility or in a self-contained storage unit, the owner shall provide the tenant with the following written notice:
"NOTICE: If you fail to make your required payments, you will have to vacate the unit or your property may later be sold at a public sale. Before the sale, you will be notified by first-class mail or by electronic mail of the amount due. The notice will be mailed to your last known address. In order to preserve your right to be notified, it is important that you notify us in writing of any change in your mailing address. Also, you should supply us with the name and address of another person who can reach you if you are not at your mailing address, and we will notify that person at the same time and in the same manner as we notify you.".
(5) A rental agreement under this section may provide for a limit on the value of the property stored at the facility or unit. The stated limit shall be considered the maximum value of the stored property for all purposes.
(6) A rental agreement under this section may provide for a reasonable late charge for failure of the tenant to timely make payments for the storage space when due. A monthly late fee of $20.00 or 20% of the monthly rental amount, whichever is greater, shall be considered reasonable and is not a penalty. The owner of the self-service storage facility or self-contained storage unit has the burden of justifying the reasonableness of any higher late fee.
History:
1985, Act 148, Eff. Mar. 31, 1986 ;-- Am. 2000, Act 443, Imd. Eff. Jan. 9, 2001 ;-- Am. 2009, Act 177, Imd. Eff. Dec. 15, 2009 ;-- Am. 2014, Act 61, Eff. June 26, 2014
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 148 of 1985 - Self-Service Storage Facility Act (570.521 - 570.527) › Section 570.524 - Denial of Access Upon Nonpayment of Rent; Disclosure of Nontenant Occupant; Tenant as Service Member Who Is Transferred or Deployed.

570.524 Denial of access upon nonpayment of rent; disclosure of nontenant occupant; tenant as service member who is transferred or deployed.
Sec. 4.
(1) Upon the failure of a tenant to pay the rent for the storage space or unit when it becomes due, the owner may, without notice, not less than 5 days after the date the rent is due, deny the tenant access to the personal property located in the self-service storage facility or self-contained storage unit.
(2) The tenant who signs a rental agreement for storage space at a self-service storage facility shall disclose in writing the identity, including name, address, and telephone number, of the occupant if the occupant is other than the tenant who signs the agreement.
(3) A tenant who is a service member and who is transferred or deployed overseas on active duty for a period of 180 days or more may notify the owner of the transfer or deployment. The tenant shall provide written evidence of the transfer or deployment with the notice.
History:
1985, Act 148, Eff. Mar. 31, 1986 ;-- Am. 2000, Act 443, Imd. Eff. Jan. 9, 2001 ;-- Am. 2009, Act 177, Imd. Eff. Dec. 15, 2009
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 148 of 1985 - Self-Service Storage Facility Act (570.521 - 570.527) › Section 570.526 - Action for Damages.

570.526 Action for damages.
Sec. 6.
(1) A tenant who suffers damages because of an owner's failure to comply with this act may bring an action in a court of appropriate jurisdiction for the actual amount of the damages or $250.00, whichever is greater, together with reasonable attorney fees.
(2) This act shall not be construed in any manner that impairs or affects the rights of parties to create liens by special contract or agreement, or that affects any other lien arising at common law, in equity, or by any statute of this state or any other lien not provided for under this act.
(3) Except for actions that an owner is permitted to take under this act or under a rental agreement concerning personal property stored in a self-service storage facility or self-contained storage unit, an owner does not have care, custody, or control of a tenant's personal property.
History:
1985, Act 148, Eff. Mar. 31, 1986 ;-- Am. 2000, Act 443, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 148 of 1985 - Self-Service Storage Facility Act (570.521 - 570.527) › Section 570.527 - Applicability of Act.

570.527 Applicability of act.
Sec. 7.
This act does not apply to personal property for which the owner issues a warehouse receipt, bill of lading, or other document of title.
History:
1985, Act 148, Eff. Mar. 31, 1986 ;-- Am. 2000, Act 443, Imd. Eff. Jan. 9, 2001
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.541 - Short Title.

570.541 Short title.
Sec. 1.
This act shall be known and may be cited as the "special tools lien act".
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.542 - Definitions.

570.542 Definitions.
Sec. 2.
For purposes of this act:
(a) "Customer" means a person who causes a special tool builder to design, develop, manufacture, assemble for sale, or otherwise make a special tool for use in the design, development, manufacture, assembly, or fabrication of metal parts, or a person who causes an end user to use a special tool to design, develop, manufacture, assemble, or fabricate a metal product.
(b) "End user" means a person who uses a special tool as part of his or her manufacturing process.
(c) "Special tool" means any tools, dies, jigs, gauges, gauging fixtures, special machinery, cutting tools, or metal castings manufactured by a special tool builder.
(d) "Special tool builder" means a person who designs, develops, manufactures, or assembles special tools for sale.
(e) "Person" means an individual, firm, partnership, association, corporation, limited liability company, or other legal entity.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.543 - Special Tools; Unclaimed Possession; Transfer of Rights From Customer to End User; Destruction.

570.543 Special tools; unclaimed possession; transfer of rights from customer to end user; destruction.
Sec. 3.
Unless otherwise agreed in writing, if a customer does not claim possession of a special tool from the end user within 3 years from the last use with that end user of the special tool, all rights, title, and interest in the special tool may, at the option of the end user, be transferred by operation of law to the end user for purpose of destroying the special tool.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.545 - Transfer of Rights to End User; Notice; Waiting Period.

570.545 Transfer of rights to end user; notice; waiting period.
Sec. 5.
After the expiration of the 3-year period set forth in section 3, if an end user chooses to have all rights, title, and interest in a special tool transferred to the end user by operation of law, the end user shall send written notice by registered mail, return receipt requested, to an address designated in writing by the customer, or if not so designated, to the customer's last known address, indicating that the end user intends to terminate the customer's rights, title, and interest in the special tool, by having all rights, title, and interest in the special tool transferred to the end user by operation of law, under this act.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.547 - Return Receipt of Notice; Possession Unclaimed; Transfer.

570.547 Return receipt of notice; possession unclaimed; transfer.
Sec. 7.
If a customer does not claim possession of the special tool within 120 days after the date the end user receives the return receipt of the notice sent under section 5, or does not make other arrangements with the end user for storage of the special tool within the time limit set forth in this section, all rights, title, and interest of the customer in the special tool shall be transferred by operation of law to the end user for purposes of destroying the special tool. This section shall not be construed to affect a right of a customer under federal patent or copyright law or any state or federal law pertaining to unfair competition.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.549 - Retroactive Application of Waiting Period.

570.549 Retroactive application of waiting period.
Sec. 9.
The 3-year waiting period provided in section 3 shall apply retroactively in the case of a special tool in the possession of an end user on the effective date of this act.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.551 - Applicability and Construction of MCL 570.543, 570.545, 570.547, and 570.549.

570.551 Applicability and construction of MCL 570.543, 570.545, 570.547, and 570.549.
Sec. 11.
Sections 3, 5, 7, and 9 shall not apply if an end user retains title to and possession of a special tool. Sections 3, 5, 7, and 9 shall not be construed to grant a customer rights, title, or interest in a special tool.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.553 - Lien; Possession.

570.553 Lien; possession.
Sec. 13.
An end user has a lien, dependent on possession, on any special tool in the end user's possession belonging to a customer for the amount due the end user from the customer for metal fabrication work performed with the special tool. An end user may retain possession of the special tool until the amount due is paid.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.555 - Enforcement of Lien; Notice.

570.555 Enforcement of lien; notice.
Sec. 15.
Before enforcing a lien granted to an end user under section 13, notice in writing shall be given to the customer, delivered personally or sent by registered mail to the last known address of the customer. The notice shall state that a lien is claimed for the amount due for metal fabrication work or for making or improving the special tool. The notice shall include a demand for payment.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.557 - Sale of Special Tool at Public Auction; Conditions.

570.557 Sale of special tool at public auction; conditions.
Sec. 17.
If the end user has not been paid the amount due within 90 days after the notice has been received by the customer provided in section 15, the end user may sell the special tool at a public auction if both of the following occur:
(a) The special tool is still in the end user's possession.
(b) The end user complies with section 19.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.559 - Sale of Special Tool at Public Auction; Notice; Information; Notice Nondeliverable; Dispute.

570.559 Sale of special tool at public auction; notice; information; notice nondeliverable; dispute.
Sec. 19.
(1) Before an end user may sell the special tool, the end user shall notify, by registered mail, return receipt requested, the customer and any person whose security interest is perfected by filing. The notice shall include the following information:
(a) The end user's intention to sell the special tool 60 days after the customer's receipt of the notice.
(b) A description of the special tool to be sold.
(c) The time and place of the sale.
(d) An itemized statement for the amount due.
(e) A statement that the product produced by the special tool complies with the quality and quantity ordered.
(2) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the end user shall publish notice of the end user's intention to sell the special tool in a newspaper of general circulation in the place where the special tool is being held for sale by the end user and in the place of the customer's last known address. The notice shall include a description of the special tool and the name of the customer.
(3) If a customer disagrees with the notice described in subsection (1), the customer shall notify the end user in writing by registered mail, return receipt requested, that the product produced by the special tool did not meet the quality or quantity ordered. An end user who receives this notice shall not sell the special tool until the dispute is resolved.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.561 - Payment of Proceeds to Prior Lienholder; Payment of Amount to End User Possessing Lien or to Customer.

570.561 Payment of proceeds to prior lienholder; payment of amount to end user possessing lien or to customer.
Sec. 21.
(1) If the sale is for a sum greater than the amount of the lien, the proceeds shall first be paid to the prior lienholder who has a perfected lien in an amount sufficient to extinguish that interest. Any excess shall next be paid to the end user who possesses a lien under this act in an amount sufficient to extinguish that interest. Any remainder shall then be paid to the customer.
(2) A sale shall not be made under this act if it would be in violation of any right of a customer under federal patent or copyright law.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.563 - Information Recorded by Special Tool Builder; Filing Financial Statement; Constructive Notice of Lien on Special Tool; Attachment; Duration of Lien; Priority.

570.563 Information recorded by special tool builder; filing financial statement; constructive notice of lien on special tool; attachment; duration of lien; priority.
Sec. 23.
(1) A special tool builder shall permanently record on every special tool that the special tool builder fabricates, repairs, or modifies the special tool builder's name, street address, city, and state.
(2) A special tool builder shall file a financing statement in accordance with the requirements of section 9502 of the uniform and commercial code, 1962 PA 174, MCL 440.9502.
(3) A special tool builder has a lien on any special tool identified pursuant to subsection (1). The amount of the lien is the amount that a customer or end user owes the special tool builder for the fabrication, repair, or modification of the special tool. The information that the special tool builder is required to record on the special tool under subsection (1) and the financing statement required under subsection (2) shall constitute actual and constructive notice of the special tool builder's lien on the special tool.
(4) The special tool builder's lien attaches when actual or constructive notice is received. The special tool builder retains the lien that attaches under this section even if the special tool builder is not in physical possession of the special tool for which the lien is claimed.
(5) The lien remains valid until the first of the following events takes place:
(a) The special tool builder is paid the amount owed by the customer or end user.
(b) The customer receives a verified statement from the end user that the end user has paid the amount for which the lien is claimed.
(c) The financing statement is terminated.
(6) The priority of a lien created under this act on a special tool shall be determined by the time the lien attaches. The first lien to attach shall have priority over liens that attach subsequent to the first lien.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.565 - Enforcement of Lien; Notice.

570.565 Enforcement of lien; notice.
Sec. 25.
To enforce a lien that attaches under section 23, the special tool builder shall give notice of the lien in writing to the customer and the end user. The notice shall be given by hand delivery or certified mail, return receipt requested, to the last known address of the customer and to the last known address of the end user. The notice shall state that a lien is claimed, the amount that the special tool builder claims it is owed for fabrication, repair, or modification of the special tool, and a demand for payment.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.567 - Rights of Possession.

570.567 Rights of possession.
Sec. 27.
Subject to section 29, if the special tool builder has not been paid the amount claimed in the notice required under section 25 within 90 days after the notice required under section 25 has been received by the customer and the end user, the special tool builder has a right to possession of the special tool and may enforce the right to possession of the special tool by judgment, foreclosure, or any available judicial procedure. The special tool builder may do 1 or more of the following:
(a) Take possession of the special tool. The special tool builder may take possession without judicial process if this can be done without breach of the peace.
(b) Sell the special tool in a public auction.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.569 - Sale of Special Tool With Lien Asserted.

570.569 Sale of special tool with lien asserted.
Sec. 29.
(1) Before a special tool builder may sell a special tool for which a lien is claimed and for which the required notice has been sent under section 25, the special tool builder shall notify the customer, the end user, and all other persons that have a perfected security interest in the special tool under part 5 of article 9 of the uniform commercial code, 1962 PA 174, MCL 440.9501 to 440.9527, by certified mail, return receipt requested, of all of the following:
(a) The special tool builder's intention to sell the special tool 60 days after the receipt of the notice.
(b) A description of the special tool to be sold.
(c) The last known location of the special tool.
(d) The time and place of the sale.
(e) An itemized statement of the amount due.
(f) A statement that the special tool was accepted and the acceptance was not subsequently rejected.
(2) If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the special tool builder shall publish notice of the special tool builder's intention to sell the special tool in a newspaper of general circulation in the place where the special tool is last known to be located, in the place of the customer's last known address, and in the place of the end user's last known address. The published notice shall include a description of the special tool and the name of the customer and the end user.
(3) If a customer or end user against whom the lien is asserted disagrees that the special tool was accepted or that the acceptance was not subsequently rejected, the customer or end user shall notify the special tool builder in writing by certified mail, return receipt requested, that the special tool was not accepted or that the acceptance was subsequently rejected. A special tool builder who receives this notice shall not sell the special tool until the dispute is resolved.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 481 of 2002 - Special Tools Lien Act (570.541 - 570.571) › Section 570.571 - Sale of Special Tool; Use of Excess Proceeds; Prohibition.

570.571 Sale of special tool; use of excess proceeds; prohibition.
Sec. 31.
(1) If the proceeds of the sale are greater than the amount of the lien, the proceeds shall first be paid to the special tool builder in the amount necessary to satisfy the lien. All proceeds in excess of the lien shall be paid to the customer.
(2) A sale shall not be made or possession shall not be obtained under section 27 if it would be in violation of any right of a customer or end user under federal patent, bankruptcy, or copyright law.
History:
2002, Act 481, Imd. Eff. June 27, 2002
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 201 of 2010 - Commercial Real Estate Broker's Lien Act (570.581 - 570.594) › Section 570.581 - Short Title.

570.581 Short title.
Sec. 1.
This act shall be known and may be cited as the "commercial real estate broker's lien act".
History:
2010, Act 201, Imd. Eff. Oct. 5, 2010
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 201 of 2010 - Commercial Real Estate Broker's Lien Act (570.581 - 570.594) › Section 570.582 - Definitions.

570.582 Definitions.
Sec. 2.
As used in this act:
(a) "Buyer" means a purchaser or lessee of a legal or equitable interest in real estate.
(b) "Claim of lien" means a claim of a commercial real estate broker's lien asserted under this act.
(c) "Commercial real estate" means real estate or an interest in real estate that is not any of the following:
(i) Real estate zoned for single-family use and on which no building or structure is located.
(ii) Real estate on which 4 or fewer residential units are located.
(iii) Real estate on which more than 4 residential units are located if the units are single-family residential units, including houses, condominiums, or townhouses in a subdivision or condominium project, that are sold, leased, or otherwise conveyed on a unit-by-unit basis.
(d) "Commercial real estate broker's lien" means a lien created under this act.
(e) "Record" means to record with the register of deeds for the county in which the commercial real estate is located.
(f) "Seller" means the equitable or legal owner or lessor of an interest in real estate.
History:
2010, Act 201, Imd. Eff. Oct. 5, 2010
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 201 of 2010 - Commercial Real Estate Broker's Lien Act (570.581 - 570.594) › Section 570.583 - Commercial Real Estate Broker's Lien; Availability.

570.583 Commercial real estate broker's lien; availability.
Sec. 3.
A commercial real estate broker's lien is only available to an individual licensed as a real estate broker under article 25 of the occupational code, 1980 PA 299, MCL 339.2501 to 339.2518. A commercial real estate broker's lien is not available to an employee, agent, subagent, or independent contractor of a licensed real estate broker.
History:
2010, Act 201, Imd. Eff. Oct. 5, 2010
2023 Michigan Compiled Laws › Chapter 570 - Liens › Act 201 of 2010 - Commercial Real Estate Broker's Lien Act (570.581 - 570.594) › Section 570.585 - Escrow Account; Establishment to Satisfy Lien; Release.

570.585 Escrow account; establishment to satisfy lien; release.
Sec. 5.
(1) If a claim of lien recorded under section 4 would otherwise prevent the closing of a transaction involving commercial real estate, the parties to the transaction shall, subject to subsection (2), establish an escrow account from the proceeds of the transaction in an amount sufficient to satisfy the lien. A buyer or seller shall not refuse to close the transaction because of the requirement of establishing an escrow account under this subsection. The money shall remain in the escrow account until the rights to the money have been determined by a written agreement of the parties, a judgment or order by a court of competent jurisdiction, or any other method agreeable to the parties.
(2) An escrow account is not required under subsection (1) if either of the following circumstances exists:
(a) Alternative procedures are available that will allow the transaction to close and that are acceptable to all the parties to the transaction.
(b) The proceeds from the transaction are insufficient to satisfy all liens against the commercial real estate under this act.
(3) If an amount sufficient to satisfy a commercial real estate broker's lien is escrowed under subsection (1), the lien is extinguished and the real estate broker shall provide a release of lien that meets the requirements of 1937 PA 103, MCL 565.201 to 565.203, and is substantially in the following form:
RELEASE OF LIEN
The undersigned is the claimant under a claim of commercial real estate broker's lien recorded on _______________ [date] in the office of the register of deeds of _______________ County, Michigan, at Liber ____________, Page __________, or at __________ [enter other unique identifying numbers]. The undersigned releases the lien on the following described property:
[Legal description]
[Name of Claimant]
By:________________________
Its Authorized Agent
Signed and sworn to before me in ____________ County, Michigan,
on ________________, ______[year].
_______________________________
[Notary's name, county, acting
in county, state, and date
commission expires]
Prepared By:
Return To:
History:
2010, Act 201, Imd. Eff. Oct. 5, 2010