My wife and I own 2 acres in a sub-division in Brighton Twp, Michigan.
 The county is Livingston.  We have been at odds with the HOA (Home
Owners Association)about a woodchip pile that was siting on our
"undeveloped" land.  Several months ago the HOA President began to
fine us because we did not move enough of the woodchips.  As a result
the fines have grown to 3500 dollars.  We have decided to sell our
property and not move in this sub division.

Today the HOA told us that we either pay the $3500 dollars or they
plan to file a lien against our property and foreclose.  My question
is...Can I quick claim the property to my parents to avoid the HOA of
filing a lien on the property?  If we sold the property today the HOA
would be out of luck as they would not be able to file a lien on the
new property owners.  Just wondering if it would work the same way?

If yes, would the bank need to be invovled?  Iam guessing my parent
would also have to assume the mortgage legally even if we still paid
everything.

Are there any forms available on the web that I can print out to start
such a process.  Our timeline would be by the end of the month.

---

Clarification of Question by zest2838-ga on 16 Mar 2006 06:23 PST

Quit Claim Question:

My wife and I own 2 acres in a sub-division in Brighton Twp, Michigan.
The county is Livingston.  We have been at odds with the HOA (Home
Owners Association)about a woodchip pile that was siting on our
"undeveloped" land.  Several months ago the HOA President began to
fine us because we did not move enough of the woodchips.  As a result
the fines have grown to 3500 dollars.  We have decided to sell our
property and not move in this sub division.

Today the HOA told us that we either pay the $3500 dollars or they
plan to file a lien against our property and foreclose.  My question
is...Can I quit claim the property to my parents to avoid the HOA of
filing a lien on the property?  If we sold the property today the HOA
would be out of luck as they would not be able to file a lien on the
new property owners.  Just wondering if it would work the same way?

If yes, would the bank need to be invovled?  Iam guessing my parent
would also have to assume the mortgage legally even if we still paid
everything.

Are there any forms available on the web that I can print out to start
such a process.  Our timeline would be by the end of the month.

Just to help in your search... I believe you are asking about a "quit
claim" rather than a "quick claim."

Your correct it is Quit Claim verses Quick Claim

Here are a couple of sites that are not in entire agreement.  The
first is a legal advice website.  The second is a broker's newspaper
Q&A column.

http://laweasy.com/viewq_a.pl?linkid=73181318
http://www.kansascity.com/mld/kansascity/classifieds/real_estate/financing/ask_expert_front.html

The really important advice is that you must read the mortgage to see
if you  CAN transfer ownership in any way without approval of the bank
(or whomever).
Assuming that there is some validity in the broker's answers, which
seem to indicate that a quit claim may be possible, perhaps the bank
will go along with your proposal.
There is also the question of the HOA agreement.  If it allows a lien
for unpaid costs and fines, this right may apply even after transfer
of ownership.
I don't know, again read the fine print or talk to a professional. 
Someone familiar with real estate documents can probably give you a
fairly clear answer.  It doesn't have to be a lawyer.  IF you take
your documents to a real estate agent, suggesting that you are
considering selling to property, s/he will be eager to help.

This is, of course, no legal or professional advice, as you can read
in the disclaimer below.