February 2024

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

Not A “Contractor” Or “Subcontractor,” But An “Individual,” You Say; It’s No Excuse Not To Pay: Insi

By Michael Decker, Butzel

On December 28, 2023, the Michigan Court of Appeals provided insight on the Michigan Builders’ Trust Fund Act (MBTFA) (MCL 570.151 et seq.) through its decision in the case of Driver v. Corey, No. 364438, WL 9015114 (Mich App Dec 28, 2023).

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Ask the Expert – What you need to know regarding MRTA

Date: Thursday, February 28, 2024

Time: 11 a.m. - noon

The meeting will take place via Zoom – NO CHARGE. 

Register here

Welcome: The Marketable Record Title Act (MCL 565.101 – 565.108) has undergone significant changes in the last 6 years, and while an extensive safe harbor window was provided prior to those changes going into effect, that window is closing on March 29, 2024.  There are still a number of potential issues in the existing MRTA, as written, but particioners need to be prepared to navigate the waters as well as possible when advising their clients.

Status Check:  A brief discussion of what has happened with the MRTA, what we can do now, and what RPLS is doing to work on the problem 

Q&A / Open Forum: Jason P. Seaver, Vice-President of Capital Title Insurance Agency, and co-author of Potential Legislative Solutions to Issues with the Marketable Record Title Act After Public Act 572, 46 Mich Real Prop Rev 3-4 (2019), will address questions and discuss topics raised by attendees.

Winter Conference 2024

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March 7-9, 2024
The Westin Kierland Resort & Spa, Scottsdale

Please join the Real Property Law Section for Winter Conference 2024 at The Westin Kierland resort & Spa in Scottsdale. The program, “ Some Like it Hot” will take place March 7–9, 2024.

More Information & Registration

The RPLS room block is sold out. Please reach out to: rplsks@gmail.com for hotel recommendations.

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 SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

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 mluberto@Chircotitle.com 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.