The Midwest Bank v. O'CONNELL

Plaintiff, The Midwest Bank, appeals from an order issued by the circuit court on defendants’, the O’Connells’, motion for determination of homestead exemption, MCL 600.6023(8); MSA 27A.6023(8).

This case presents two legal issues succinctly stated by plaintiff in its brief:(1) Does a judgment debtor’s homestead exemption survive the debtor’s permanent move from the premises levied upon, if such removal occurs after execution and levy?(2) Is the interest acquired by a judgment creditor as the result of recording of the notice of levy following an execution upon real property limited to the…