Detailed Answer
When you need to locate and identify assets across multiple counties or states in Michigan, a systematic approach ensures thorough results. Below are key steps to guide your search:
1. Search County Real Property Records
Visit each county’s Register of Deeds or online portal to search for real estate ownership, mortgages and liens. For example, Wayne County and Kent County maintain free online databases. You can often search by name, parcel number or address.
2. Review Secretary of State Filings
The Michigan Department of Licensing and Regulatory Affairs (LARA) hosts business entity and Uniform Commercial Code (UCC) filings. Search at LARA Business Entity Search for corporate officers, annual reports and financing statements.
3. Obtain Judgment Debtor Examination
If you hold a valid Michigan judgment, you can compel the debtor to disclose assets under oath. File a motion under MCL 600.2144 with the county court where the judgment was entered. The court may order a sworn examination covering bank accounts, vehicles, real estate and other property.
4. Use the Uniform Fraudulent Transfer Act
If you suspect fraudulent asset transfers to avoid creditors, Michigan’s Uniform Fraudulent Transfer Act (UFTA) allows you to challenge transfers made with intent to hinder, delay or defraud. Review definitions and remedies under MCL 566.34 and commence an avoidance action in circuit court if appropriate.
5. Leverage Public and Commercial Databases
In addition to government records, consider paid services that aggregate data such as court filings, asset records, credit headers and historical addresses. Examples include LexisNexis, Westlaw and specialized asset-locating platforms. Always verify commercial data against primary public records.
6. Coordinate Multi-Jurisdictional Searches
When a target holds assets in other states, engage local counsel or use the National Association of Secretaries of State website at NASS.org to link to each state’s corporate and UCC databases. For real estate, identify the county recorder or land registry in the relevant jurisdiction.
Helpful Hints
- Document each search method, date and result to preserve evidence and demonstrate due diligence.
- Verify identity details (full legal name, aliases, date of birth) to avoid misidentifying records.
- Use certified copies of filings or certified records when filing with courts or other agencies.
- Regularly update your asset search; ownership and lien status can change frequently.
- Consider working with a licensed private investigator for complex or cross-border cases.
Disclaimer: This article provides general information about Michigan law and is not legal advice. Consult a qualified attorney for guidance on your specific situation.