December 2018

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

“Expungement Affidavits” Invalid—Possible Bankruptcy Implications

Bankruptcy Court

By Andrew J. Gerdes, Capital Bankruptcy

In Wilmington Savings Funds Society, FSB v. Clare, 323 Mich App 678 (2018), the Michigan Court of Appeals affirmed a lower court’s ruling that an “expungement affidavit,” purportedly authorized under MCL 565.451a, which attempted to rescind a completed foreclosure by advertisement and revive a mortgage, “was without effect” because such an affidavit was “not permitted under the statute” noting its “plain language.”

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RPLS Pro Bono Committee News

On November 27, 2018, members of the Real Property Law Section Pro Bono Committee and Michigan Community (Legal) Resources hosted an informational workshop for non-profits at the Durfee Center in Detroit. More than 45 individuals attended the program representing non-profits such as Focus Hope, Detroit Fire Department, Garage Cultural, MECCA Development Corporation, Green Community Collective, Midwest Civic Council of Block Clubs, Souladarity, Revive Detroit, and several others.

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Legislative Report

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Note to Committee Members:
Communication settings for RPLS Special Committee members have been changed to "Daily Digest." This means when a message is posted on your Committee page, you will receive the message the day after it is posted.

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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Glen Zatz, Samuel Kilberg at, or Pat Paruch

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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.