Mich. Comp. Laws » Michigan Compiled Laws / Chapter 559 / Act 59 of 1978

Mich. Comp. Laws § 559.158

Acquisition of title by foreclosure of first mortgage; liability for assessments.

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CONDOMINIUM ACT


Act 59 of 1978


559.158 Acquisition of title by foreclosure of first mortgage; liability for assessments.

Sec. 58.

    If the mortgagee of a first mortgage of record or other purchaser of a condominium unit obtains title to the condominium unit as a result of foreclosure of the first mortgage, that mortgagee or purchaser and his or her successors and assigns are not liable for the assessments by the administering body chargeable to the unit that became due prior to the acquisition of title to the unit by that mortgagee or purchaser and his or her successors and assigns.

History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2009–2021 · leading case: Federal National Mortgage Ass'n v. Lagoons Forest Condominium Ass'n
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Federal National Mortgage Ass'n v. Lagoons Forest Condominium Ass'n (2014) michctapp · cites it 11× “However, MCL 559.158 provides, in pertinent part: If the mortgagee of a first mortgage of record or other purchaser of a condominium unit obtains title to the condominium unit as a result of foreclosure of the first mortgage, that mortgagee or purchaser and his or her successors…”
Wells Fargo Bank v. Country Place Condominium Ass'n (2014) michctapp · cites it 8× “) Plaintiff asserted that it was not responsible for association fees or attorney fees until after September 8, 2011, because under MCL 559.158 “the successors and assigns of the Sheriff Deed from a foreclosure of the first mortgage on a condominium unit, takes free and clear of…”
People v. March (2016) mich “’ ” Wells Fargo, 304 Mich App at 590-591 , quoting MCL 559.158. The Court thus held that the purchaser was responsible for dues accruing after he acquired title.”
4041-49 W Maple Condominium Ass'n v. Countrywide Home Loans, Inc. (2009) michctapp · cites it 2× “In response, defendant argued that, under MCL 559.158, condominium liens are extinguished by the foreclosure and title vests, under MCL 600.”
Reserve at Heritage Village Ass'n v. Warren Financial Acquisition, LLC (2014) michctapp “As the trial court found, it is unclear whether the foreclosure would extinguish the past-due assessments under MCL 559.158. In conclusion, despite the express intent to keep the mortgage alive, there was a merger of the mortgage and the fee title because a finding of nonmerger…”
Infinity-Brownstown LLC v. Dove's Pointe Homeowners Association (2021) michctapp · cites it 2× “One of the issues before this Court was whether Fannie Mae could be liable for the earlier assessments or was exempt from liability under MCL 559.158, which provides as follows: If the mortgagee of a first mortgage of record or other purchaser of a condominium unit obtains title…”
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