August 2023

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

The Supreme Court Explains that Existing Building Code Violations Do Not Breach a Deed’s Warranty

By Jason C. Long, Williams Williams Rattner & Plunkett, PC

The Supreme Court clarified in Galvan v. Poon that a deed’s warranty against encumbrances protects against conditions that affect the rights or interests in a property, but not physical conditions that affect the property’s economic desirability. 

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Freddie Mac and Fannie Mae move toward Making Post-Surfside Temporary Lending Requirements for Condo

By Melissa D. Francis, Esq., Hirzel Law, PLC

The collapse of Champlain Towers South on June 24, 2021, took the lives of 98 people and sent shockwaves through the community of Surfside, Florida and the nation. Two years later, this tragic event continues to impact mortgage lending in condominium and cooperative communities nationwide.

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Special Note from the Editors

Headshot of Pat ParuchThe RPLS eNewsletter wishes to recognize the outstanding and long-time contributions of Pat Paruch, who is receiving hospice care for cancer and will be leaving her position on the editorial staff, after serving on it since the eNewsletter’s inception in 2011. Pat spent countless hours helping to edit articles into meaningful and concise presentations of substantive legal issues. What most lawyers say in 100 words, Pat could whittle down to a few sentences. In addition to her editorial skills, she was active in soliciting authors and maintained the “pipeline” of recent cases and legislation from which articles were often written. Pat was a critical force in shaping the eNewsletter into what it has become today, and was always a calm breeze in an otherwise stormy sea. In addition to serving as editor for the eNewsletter, Pat was for many years a member of the RPLS Council, the governing body for the Real Property Law Section. As a highly respected lawyer, Pat was a shareholder at Kemp Klein where her practice included municipal and environmental law. She has also been extremely active in politics in Royal Oak, having first served as a city commissioner at age 28 and then for many years after that. She was elected mayor of Royal Oak twice and served from 1989-93. Pat has always been a stickler for keeping to the “word limit” guidelines that the eNewsletter has for its articles. So with that in mind, we won’t go on and on about all the wonderful things we could say about her. In sum, thanks Pat for your hard work, guidance and wisdom.

Legislative Report

Join a Committee!

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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Write an Article

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

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 for suggested topics and ideas.

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.