August 2016

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Program Extension for Property Tax Payment Plans?

By Laura Settlemyer, Center for Community Progress

Since January 14, 2015, under Public Act 499 of 2014, (MCL 211.78), county treasurers have been entering into payment plans with delinquent taxpayers, but the law has a sunset effective June 30, 2016. Under Act 499, the county treasurer (or state) could enter into a payment plan with a delinquent taxpayer any time after the property had been returned as delinquent to the county treasurer (year 1 of delinquency) but before the property had been foreclosed (year 3 of delinquency). Payment plans were available to financially distressed persons as defined in the Act. The taxpayer had to demonstrate that he or she was undergoing substantial financial hardship, had not defaulted on any delinquent-tax-payment plan for any other property, and that the property was exempt from the local school tax as a principal residence. An initial payment equal to 10% of the amount of delinquent taxes owed (excluding any penalties, fees, or interest) was required. The Act allowed up to five years to pay off a delinquency, while also paying any future taxes due on time.

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Governor Signs Flat Fee Recording Package into Law

By Michigan Land Title Association (reprinted with permission)

The MLTA is pleased to share with you that Governor Snyder has signed the flat fee recording package of bills and revisions to the Condominium Act into law. These issues were the top legislative priorities of our association and were the focus of this year’s Capital Day. The flat fee recording package consisted of nine bills. The heart of the package was Senate Bill 599, sponsored by Senator MacGregor, which sets the flat fee of $30 for the recording of all documents. The other bills in the package (SBs 600-604, SB 737, and HBs 5164-5165) amend various statutes for other documents that are recorded so that they too can be recorded for the flat fee of $30. It’s important to note that this legislation doesn’t affect a charter county’s ability to impose a fee by ordinance or resolution with different amounts than the flat fee. However, just as in law today, a charter county can’t charge a fee greater than the cost of the service for which the fee is charged. Wayne and Macomb counties are the two charter counties in Michigan that could deviate from the flat $30 fee. MLTA will inform its members if either county decides to deviate from the flat fee.

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Real Property Law Academy II is the continuation of a program being taught by some of the most respected and experienced Michigan real estate attorneys, each an expert in their field. The overall program (Academy I and Academy II) is designed to provide a basic understanding of the most fundamental aspects of a real estate practice. It is targeted not only for real estate attorneys, but also for other attorneys who will encounter real estate issues from time to time. The program is presented in two parts: Academy I, which recently concluded, and Academy II. Each part presents eight topics over a consecutive two-day period.

Attendance at Academy I is not a prerequisite for attending Academy II, though it is highly recommended that you attend both Academy I and Academy II to get the full benefits from the program.

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Interested in writing an article for the e-Newsletter? Contact co-editors Glen Zatz gzatz@bodmanlaw.com, Samuel Kilberg at SKilberg@dykema.com, or Pat Paruch pat.paruch50@gmail.com.

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The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.