Jackson, MI asked in Real Estate Law for Michigan

Q: Within Michigan Law if I gift real property with a Lien on it does the lien attach to me or the property or both?

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1 Lawyer Answer

A: A lien does not attach to a human being. It only attaches to property.

But if your question is whether your conveyance of encumbered property relieves you from personal liability, the answer is that it probably does not, if you do have personal liability.

If your question is whether the recipient of property conveyed to that person might have personal liability for a liability secured by a lien on the property, the short answer is: No. I cannot think of an exception to that, but if my client were to ask, I would want to know the precise facts so that I am not forced to play the game of "think if there's an obscure exception to this general rule."

Brent T. Geers agrees with this answer

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