December 2023

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

Supreme Court and Court of Appeals Clarify Surplus Proceeds Issues Arising From Tax-Foreclosure Sale

Gavel Keys

By Joseph M. Rogowski, Frielaender Nykanen & Rogowski, PLC

The Michigan Court of Appeals issued a comprehensive opinion on surplus proceeds issues arising from a tax-foreclosure sale in Jackson v Southfield Neighborhood Revitalization Initiative, ___ Mich App ___ (2023). The Court of Appeals retroactively applied the amended language in MCL 211.78m and 78t and the Michigan Supreme Court’s decision in Rafaeli, LLC v Oakland Co, 505 Mich 429 (2020), which held that property owners have a vested property right to tax-foreclosure sale surplus proceeds.

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Marketable Record Title Act Deadline on the Horizon


By David Pierson, McClelland & Anderson LLP; Michael Luberto, Chirco Title; and Jason C. Long, Williams Williams Rattner & Plunkett, PC

The March 29, 2024, deadline for recording new notices of claim to preserve old property interests under the Marketable Record Title Act is looming and unlikely to change. In brief, the Marketable Record Title Act, MCL 565.101 et seq., provides that a person who has a 40-year unbroken chain of record title to any interest in property possesses marketable record title to such interest, subject only to interests in the 40-year chain of title. Under an amendment adopted in 2018, recital of a specific recording reference is necessary to preserve an interest.

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Legislative Report

Save the date

Recent Legislation and Hot Topics on the Horizon

Thursday, January 18, 2024

“Virtual” Program: 3:00 – 4:30 p.m.

Program Chair: Brian Foley, Bodman

Jason Long, Williams Williams Rattner & Plunkett

Tabitha Zimny, Karoub Associates

Stay up to date on recent legislation and executive orders, and get a preview of new legislation, that may be on the horizon! RPLS Legislative Committee Chair Jason Long will begin with a discussion of new legislation affecting real property that has been passed into law during the last year. Next we will hear from the Section’s lobbyist, Tabitha Zimny. Tabitha will provide an update on bills that are currently pending in the state legislature. This virtual seminar is a must for practitioners who want to remain current on new developments in real property law.

Register to virtually attend

Registration Fees:

Section Members: $25
Non-Section Members: $45

For additional information, contact Karen Schwartz at:

Register TODAY & SAVE

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“Some Like it Hot”
March 7-9, 2024
The Westin Kierland Resort & Spa, Scottsdale

Register now

Before December 15, 2023

First time Winter Conference Section Attendees: $395
Section Members: $465—Non-Section Members: $525*
Young Lawyer Section Member: $100

After December 15, 2023
First time Winter Conference Section Attendees: $470
Section Members: $540—Non-Section Members: $600*
Young Lawyer Section Member: $175

* The cost to become a member of the section is $55. Become a member and save!

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.