September 2023

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

BFP v. Resolution Trust Corp is not absolute if you’re a county treasurer in bankruptcy court

Tax Lien Foreclosure

By Alexander Berry-Santoro, Esq.

In 1994 the Supreme Court of the United States rendered one of the most important decisions to mortgage lenders in America, BFP v. Resolution Trust Corp., 511 U.S. 531 (1994).

BFP set the standard that as long as a foreclosing, secured creditor, has complied with applicable state law, the transfer effectuated by that foreclosure sale cannot be “clawed back” by an enterprising trustee, debtor, or creditor in bankruptcy.

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Cass County Circuit Court Judge Rules Growing Cannabis is an Agricultural Operation under the GPTA

Cannabis Cultivation Crop

By Carl Rashid, Esq., Mark Magyar, Esq., Sam Kilberg, Esq., and John Fraser, Esq., Dykema Gossett, PLLC

Cass County Circuit Court recently held that cannabis cultivation meets the definition of agricultural operations under the General Property Tax Act, MCL 211.34c(2). HRP Cassopolis, LLC owns property located in LaGrange Township, Michigan that is leased to a grower with 5 Adult Use Class C grow licenses and a retail center.

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Real Estate Outlook banner

Date: Thursday, November 2, 2023
Time: Breakfast:  7:30 a.m.       Speaker: 8:00-8:45 a.m.       Roundtables: 8:45-9:45 a.m.
Location: The Detroit Athletic Club, Detroit, Michigan

Registrants can attend 2 one-half hour round table sessions

Program Chair: Wayne Beyea, Michigan State University, School of Planning, Design and Construction

Speaker: Dr. Eric Scorsone, Director of the MSU Extension Center for Local Government Finance and Policy

Program Description: This program will kick-off with an economic overview from Dr. Scorsone, who has extensive state and local fiscal experience, and will offer insight into the current economic environment and how this ties to Michigan’s economy and the potential opportunities it presents.  Roundtable discussions will then take place with experienced attorneys focusing on various topics with participants certain to take away new insights into today’s ever-changing landscape.

Register TODAY!

Registration Fees:
Section Members: $95; Non-Section Members: $155
Registration will close October 31st

*The DAC does not allow blue jeans to be worn in any area of the facility. A detailed dress code can be found at

For additional information contact Karen Schwartz.

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.