County of Hillsdale Terms

PROPERTIES OFFERED

The properties were foreclosed for delinquent real property taxes and are offered for sale as required by State Law and Order of the Circuit Court for the 1st Circuit, State of Michigan.

     

         Under state law:

*  Redemption rights to the properties have expired.

*  All prior recorded and unrecorded interest in the properties were extinguished by court order, except visible or recorded easements or rights-of-way, private deed restrictions, or certain other restrictions or governmental interest in the properties imposed by the State of Michigan.

*  All liens against the properties under Michigan law, except for future installments of special assessments and certain liens recorded by the State of Michigan were cancelled.

*  Subject to these exceptions, fee simple title to the properties has vested in the Hillsdale County Treasurer.

The properties are offered for sale as-is where-is. The Hillsdale County Treasurer makes no representations or claims regarding the property, including, but not limited to, fitness for purpose, ingress/egress conditions, covenants, or restrictions.

The properties remain subject to any applicable state, county or local zoning or building codes or ordinances.

The Hillsdale County Treasurer does not guarantee the usability or access to any of the properties. It is the responsibility of prospective purchasers to do their own research as to the use of the properties for their intended purpose and to

make a personal inspection of the property to determine if it will be suitable for the purpose for which it is being purchased. Occupied structures may not be entered without the occupant’s permission. Secured vacant structures may not be entered.

The properties may be subject to flooding. Any new construction or reconstruction should be elevated above the 100-year flood plain. Also, any filling, dredging or other permanent construction below the ordinary high-water mark of the water body involved, or earth change may be subject to restrictions under state law.

The properties may also be subject to wetlands protection under Part 303 the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

PURCHASE CERTIFICATES

          Upon payment successful bidders will be issued a receipt for their purchases. Purchasers will be entitled to deeds for the property descriptions identified by the assigned sale unit numbers noted on the purchase certificates.

TITLE BEING CONVEYED

          Quit claim deeds will be issued conveying only such title vested in the County Treasurer through tax foreclosure under State Law. Title insurance companies may or may not issue title insurance on properties purchased at this sale. County Treasurer makes no representation as to the availability of title insurance. UNAVAILABILITY OF TITLE INSURANCE IS NOT GROUNDS FOR RECONVEYANCE TO THE COUNTY TREASURER. After purchase, a purchaser may incur legal costs for a quiet title action to satisfy the requirements of title insurance companies in order to obtain title insurance.

DEFERRED ASSESSMENTS AND DISCLOSURES

Deferred assessments that are reported to the County Treasurer when it acquires title to tax-reverted parcels are included in the minimum bids. Purchasers may be responsible for deferred assessments that were not reported

to the County Treasurer.

POSSESSION OF PROPERTY

No purchaser should take physical possession of any property bid upon at this sale until a deed has been executed and delivered to the purchaser. Steps should be taken to protect your equity in property purchased by securing vacant structures against entry and obtaining insurance for property with buildings.  Buyers are responsible for contacting local units of government to prevent possible demolition of structures situated on parcels. Buyers are responsible for eviction of anyone currently occupying the property.

CONDITIONS

Purchaser accepts the premises in its present as-is where-is condition, and releases the Hillsdale County Treasurer from all liability whatsoever arising from any condition of the premises, whether now known or subsequently discovered. Including but not limited to all claims based on environmental contamination of the premises.

 A person who acquires property that is contaminated (a facility pursuant to Section 20101 (1) (I) of the Natural Resources and Environmental Protection Act (NREPA), 1994, P.A. 451, as amended) as a result of release(s) of a hazardous substances(s) may become liable for all costs of cleaning up the property and any other properties impacted by the release(s). Liability may be imposed upon the person acquiring the property even in the absence of any personal responsibility for, or knowledge of, the release. Protection from such liability may be obtained by conducting a Baseline Environmental Assessment (BEA) as provided for under  Section 20126(1) @ of NREPA. However, the BEA must be conducted prior to or within 45 days of the earliest date of purchase or occupancy of the property.

Persons who acquire contaminated property may have due care obligations under Section 20107 a of NREPA even if they conduct a BEA and are not liable for the contamination.

Pursuant to Part 102 of the NREPA, the person(s) responsible for an activity causing a release at the property is obligated to pursue response activities at the property. Pursuant to Part 201 of the NREPA, the person(s) responsible for an activity causing a release at the property is obligated to pursue response activities at the property. Consequently, the non-liable purchaser may be required to provide access to a liable party to conduct response activities at the property in the future.  Section 20116 of the NREPA requires that a person who has knowledge that their property is contaminated provide a written notice to the purchaser or other person to which the property is transferred which discloses the general nature and extent of the release. Additional disclosure obligations may also apply at the time the property, or an interest in the property, is transferred.

Accordingly, the County Treasurer recommends that a person who is interested in acquiring tax-reverted property contact an attorney or an environmental consultant for advise prior to the acquisition of any tax-reverted property that may be contaminated.

QUIT CLAIM DEEDS

Executed, delivered and filed within thirty (30) days of sale by the Hillsdale County Treasurer.  Quit Claim Deed Information Form must be filled out completely to ensure that quit claim deed is sent to the correct address. County Treasurer is required under State Law to charge a fee for recording a quit claim deed to property sold at the auction. We will add a $50.00 preparation fee for each parcel sold.