Bill Text: MI HB6072 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Civil procedure; foreclosure; homeowners' or property owners' associations liens; give priority over mortgage liens. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-12-04 - Printed Bill Filed 11/30/2012 [HB6072 Detail]

Download: Michigan-2011-HB6072-Introduced.html

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HOUSE BILL No. 6072

 

November 29, 2012, Introduced by Rep. McMillin and referred to the Committee on Banking and Financial Services.

 

     A bill to provide for the priority of certain liens in favor

 

of homeowners associations or property owners associations with

 

respect to mortgages.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"owners association lien priority act".

 

     Sec. 2. As used in this act:

 

     (a) "Fees" includes, but is not limited to, any assessment,

 

interest, collection charge, late charge, advance by the

 

association to pay taxes or another lien, attorney fee, and fine.

 

     (b) "Mortgage" includes a first or subsequent mortgage,

 

including a purchase money mortgage.

 

     Sec. 3. (1) A lien that exists under the law of this state in

 

favor of a homeowners association or a property owners association

 

for unpaid fees owed to the association by a member or former

 

member has priority over a mortgage lien on the same property,

 

regardless of the date the mortgage was given, attached to the

 

property, or was recorded.

 

     (2) The priority under this section applies only to liens that

 

are properly recorded.