Looking for advice. A foreclosed property in Michigan has a mortgage deed (sheriff's deed?) which has a property description different than the original deed. The original deed on the property included verbage about shared access to a lake including the right to put a dock on the lake. The mortgage deed (sheriff's deed?) makes no mention of this access and we've been told that going forward the verbage regarding shared access can no longer be contained in the deed since we're purchasing a foreclosed property.

Is this true? Have we lost the rights of shared access or is it still there, just not in the deed?

The rights have been removed from the deed, so they are not included in the sale. If you want to regain rights, you may have to negotiate with the owner of the lake. I'd advise investigating the possibility of this with the lake owner before considering buying the property.

-Tim

I have also seen property covenants (homeowners association rules and stipulations made in wills) voided by sheriff's sales for either taxes or mortgage foreclosure.