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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Take the opportunity to get involved by writing for one of our publications, presenting at a conference or seminar, or joining one of the committees that cover virtually every area in real estate law. See our committees and how you can join or see the committees you're already subscribed to.

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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Sponsored by the Real Property Law Section of the State Bar of Michigan


Grand Rapids

J.W. Marriott
235 Louis Street NW, Grand Rapids, MI 
September 20-21, 2022
9:00 a.m.–4:00 p.m.

Metro Detroit - Troy

Michigan State University-Management Education Center
811 W. Square Lake Rd., Troy
May 10-11, 2023
9:00 a.m.-4:30 p.m.

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.

Registration for Academy I materials and a link to the recorded virtual program coming soon.

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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.