Second Opinion on Mortgagee Liability for Assessments

In a second, unpublished, opinion, the court of appeals has ruled that a foreclosing lender is liable for assessments from the date of its foreclosure sale, not the date of end of the redemption period.  This blog had earlier noted the publication of a court of appeals opinion deciding the issue in favor of associations.

In this most recent case, the trial court had awarded the association a judgment for post-redemption assessments, but refused to award attorney fees and costs as provided in the Michigan Condominium Act and the condominium documents.  The court of appeals reversed the trial court and remanded the case for entry of a judgment both for the post-sale, pre-redemption assessments and for an award of the association’s costs and attorney fees.

© Steve Sowell 2018