December 2015

By Jacob High, Law Office of Jacob High, PLLC

Michigan law protects property owners from unlicensed builders by prohibiting unlicensed builders from suing to collect payment for contracted work. MCL 339.2412(1). The Supreme Court recently clarified MCL 339.2412(1) in Epps v. 4 Quarters Restoration LLC, Mich Sup Ct No. 147727, September 28, 2015. The Epps, homeowners in Detroit, contracted with a builder to repair their home without realizing that the builder’s license had been revoked. The builder received insurance payments, but the homeowners sued to recover the payments after becoming unsatisfied with the repairs. The homeowners claim that their contract was void ab initio, and argue that MCL 339.2412(1) prohibits the builder from defending the action and disallows a setoff for the value of the work. Read More or Comment

By Lauren Saad, Segal McCambridge Singer & Mahoney, Ltd.

Recent cases suggest that a mortgagee may revive a foreclosed mortgage by simply recording an affidavit under MCL 565.451a which rescinds or “expunges” the sheriff’s sale—even, in some instances, after the redemption period has expired. In Connolly v. Deutsche Bank Nat’l Trust Co., 581 Fed App 500 (6th Cir 2014) the court reviewed various cases and characterized Michigan law as “consistently accept[ing] an affidavit expunging a sheriff’s sale,” therefore upholding the validity of the affidavit at issue. The court reviewed Freund v. Trott & Trott, PC (Mich App No. 299011, October 25, 2011, unpublished) (affidavit recorded after expired redemption period fully reinstated mortgage), and Cordes v. Great Lakes Excavating & Equip. Rental Inc., (Mich App No. 304003, June 7, 2012, unpublished) (upholding affidavit in an erroneously recorded mortgage discharge). Read More or Comment

The Michigan Real Property Review has been created for your convenience as an electronic version you can easily view on your computer or mobile devices or save to your own computer. Please consider opting out of the print version in the Bar's Member Area under "Section Membership."

• All Articles
  
• Artists' Rights
  
• Condominium
  
• Construction
  
• Development
  
• Easements
  
• Environmental
  
• Landlord Tenant
  
• Leases
  
• Miscellaneous
  
• Mortgages & Foreclosures
  
• Property Rights
  
• Residential
  
• Restrictive Covenant
  
• Riparian Rights
  
• Taxes
  
• Title
  
• Zoning
  

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

Can't remember where you saw that e-Newsletter article? Check the e-Newsletter article index.

We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Mike Luberto at mluberto@Chircotitle.com for suggested topics and ideas.