Revised Statutes of 1846
R.S. of 1846
565.34 Purchaser; definition.
Sec. 34.
The term "purchaser," as used in this chapter, shall be construed to embrace every person to whom any estate or interest in real estate, shall be conveyed for a valuable consideration, and also every assignee of a mortgage, or lease or other conditional estate.
History: R.S. 1846, Ch. 65 ;-- CL 1857, 2753 ;-- CL 1871, 4236 ;-- How. 5688 ;-- CL 1897, 8993 ;-- CL 1915, 11725 ;-- CL 1929, 13308 ;-- CL 1948, 565.34
Notes of Decisions
Coventry Parkhomes Condo. Ass'n v. Fed. Nat'l Mortg. Ass'n, 827 N.W.2d 379 (Mich. Ct. App. 2012).
· cites it 5× “211, FNMA is liable to Coventry for all unpaid assessments, interest, late charges, fines, costs, and attorney fees because FNMA is a “purchaser” under MCL 565.34. We do not agree. While Coventry is correct that MCL 565.”
Wells Fargo Bank v. Country Place Condo. Ass'n, 848 N.W.2d 425 (Mich. Ct. App. 2014).
· cites it 3× “211, [the defendant] is liable to [the plaintiff] for all unpaid assessments, interest, late charges, fines, costs, and attorney fees because [the defendant] is a ‘purchaser’ under MCL 565.34.” Id. at 261 . Initially, this Court noted that while MCL 565.”
Richardson v. Countrywide Home Loans (In re Gregory), 316 B.R. 82 (Bankr. W.D. Mich. 2004).
· cites it 2× “Mich. Comp. Laws Ann. § 565.34 . However, the Chapter 7 trustee in this instance may not rely upon his hypothetical status as such a judgment lien creditor because Countrywide’s mortgage lien in the fixture (ie.”
Robert Roy v. Island & Fonda Lakes Ass'n, No. 315124 (Mich. Ct. App. Nov. 4, 2014).
· cites it 2× “However, pursuant to MCL 565.34, “purchaser” means “every person to whom any estate or interest in real estate, shall be conveyed for a valuable consideration, and also every assignee of a mortgage, or lease or other conditional estate.”
Jp Morgan Chase Bank Na v. Stacey Bayle, No. 325544 (Mich. Ct. App. Apr. 26, 2016).
“MCL 565.34. 4 Because the statutory condition requires that the initial conveyance not be recorded, it means that the subsequent interest holder necessarily recorded its interests first.”
City of Dearborn v. Bank of Am., No. 339704 (Mich. Ct. App. Feb. 12, 2019).
“West Dearborn points to the fact that the city paid only $1 for Parcel C and MCL 565.34 defines “purchaser” as one who pays valuable consideration.”
Citimortgage Inc v. Fmm Bushnell LLC, No. 317422 (Mich. Ct. App. Dec. 23, 2014).
“Because defendant was aware of the existence of a prior unrecorded mortgage on the property, it is not a good-faith purchaser pursuant to MCL 565.34, as said statute states, in relevant part, a purchaser “shall be construed to embrace every person to whom any estate or interest…”
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