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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42184
Experience:  Texas Attorney for 30 years dealing in real estate
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I purchased a home a few years ago via land contract. The

Customer Question

I purchased a home a few years ago via land contract. The home owners association did not change the information to send bills to me. They have put my home into foreclosure and are trying to collect $1700 in legal fees. I want to pay the past due association fees but not the legal fees but am concerned that I have no choice as I don't want to lose my home.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Here you have real limited leverage.You can offer here to pay up asking them to reduce or waive the legal fees claiming lack of notice.But they have the right to foreclose for this including fees. I would hope they might agree to some discount here but legally Michigan allows them to foreclose for such failure to pay.

Sometimes they will agree to a reduction because honestly they usually don't want the property here.It is a hassle and time and trouble.

You should make them an offer here, if they don't budge you have to decide if you want to keep it here and pay.The lack of notice might be good way to seek some reduction here. If you recorded the land contract that would support a reduction.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Land contracts generally are not recorded, but a memorandum of the land contract is typically recorded.Again if this was done it supports a failure to notice the proper party and supports a reduction here.

Expert:  Ray replied 1 year ago.

They can be recorded here under Michigan law.Again this would support a reduction if they failed to notify you.


Land contract; recording, effect.

Sec. 4.

Any contract executed and acknowledged, according to the foregoing provisions, shall, with the

certificates [certificate] thereto attached, be entitled to be recorded in the office of the register of deeds of the

county where the lands lie, and the recording of the same shall have the same force and effect, as to

subsequent encumbrancers and purchasers, as the recording of deeds and mortgages as now provided by law