Most condo associations in Michigan have felt the economic pinch experienced by persons who have been caught up in the sub prime mortgage fiasco which negatively reflects on their ability to pay not only their mortgage payments, but their association assessments.

One ray of hope is based upon a recent case which our firm handled for a condo association where a mortgage company failed to give notice to the association of the pending sheriff’s sale which is required by amendments to the Condominium Act of 2001. The Condo Act requires that a mortgagee provide notice to the association of an impending sheriff’s sale at least four (4) weeks prior to the sale itself. In this case, the association did not receive notice of the sheriff’s sale until one day before the sheriff’s sale. The issue became what legal recourse the association was entitled to in connection with the mortgagee’s failure to timely provide the required notice...

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