Legal Question in Real Estate Law in Michigan

Is it a lien or is it a mortgage?

Is it a lien or a mortgage?

Since you are in the business I have a question also.

I purchased a lake lot .it has a association with -50.00 year dues.

mine are paid to date.I am in the process of closing on a sale.

i was just told i owe on liens that are on the property since 1980.

I purchased in 2005.

Seems the past (all) owners never paid the matainence dues.

So the association filed a affidavit of lien almost every year and they called it -a

"Claim of a lien in the nature of a mortgage".

It had been sold for back taxs a few times and the liens never

paid -now their saying i must pay all these before i can sell.

What gives.I have never heard of such a thing.

So is it a lien or a mortgage-?

Thank you


Asked on 9/03/09, 4:54 pm

1 Answer from Attorneys
Brad Aldrich Aldrich Legal Services

I would have to know more information to make a determination as to whether it is a lien or a mortgage but that is not the most important issue. Regardless of its name, there is a cloud on your title which must be cleared before you can sell to a third party unless that buyer is willing to accept a quit claim deed with no title insurance. This leads me to my question to you which is how did you buy this property without getting a warranty deed from the buyer or getting title insurance which would cover these clouds on your title? You need a Real Estate attorney to help you with these issues. Aldrich Legal Services, PLLC specializes in Real Estate law, along with Probate/Estate Planning matters, Bankruptcy, Family Law and other areas of the law. If we can be of service to you please visit our website at aldrichlegalservices.com or call me directly at (734) 404-3000 for a free consultation.

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Answered on 9/08/09, 5:09 pm


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