September 2020

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

2021 Proposed ALTA Owner’s and Loan Policies

2021 Proposed ALTA Owner’s and Loan Policies

By C. Lynn Sagar, First American Title Insurance Co.

The American Land Title Association (“ALTA”) has proposed updated Owner’s and Loan Policies (“2021 Policies”) for adoption in July 2021 which will replace the 2006 ALTA Owner’s and Loan policies. The 2021 Policies provide some additional coverages, new definitions, and clarification of many provisions.

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Excess Tax Sale Proceeds = Unconstitutional Taking

Rafaeli, LLC v. Oakland County

By Jason C. Long, Steinhardt Pesick & Cohen

In Rafaeli, LLC v. Oakland County, the Michigan Supreme Court held that when the government sells a tax-foreclosed property and retains any amounts that exceed the tax charges that were due, retaining the excess amount is an unconstitutional taking from the property’s former owner. Rafaeli owed $285.81 in tax, penalties, and interest. Oakland County foreclosed and sold the property for $24,500, retaining all proceeds. Rafaeli sued for an unconstitutional taking of all amounts exceeding $285.81.

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Legislative Report

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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.