Summer 2017-Winter 2017

Volume 44, Nos. 2-4


MCL 559.167: Can the 2016 Amendments to Section 67 of the Michigan Condominium Act be Applied Retroa

By Kevin M. Hirzel

MCL 559.167MCL 559.167 has become one of the most controversial sections of the Michigan Condominium Act since it was amended via 2000 PA 379 as a means to create a definitive end date for the completion of condominium projects. After MCL 559.167(3), as amended by 2000 PA 379, was added to Section 67 of the Michigan Condominium Act in 2001, MCL 559.167 was later amended in 2002 in an attempt to further clarify the process in which the configuration of condominium projects is finalized. MCL 559.167(3), as amended by 2002 PA 283, eliminated “need not be built” units in a condominium by operation of law after specified statutory time periods. Pursuant to MCL 559.167(3), as amended by 2002 PA 283, if a developer did not construct “need not be built” units or withdraw “need not be built” units within ten years of the date of commencement of construction of the condominium, or six years after the date the developer exercised its rights with respect to either expansion, contraction, or rights of convertibility, then the undeveloped land underneath the “need not be built” units would remain in the condominium as common elements.

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Post-Foreclosure Third-Party Liability: Closing Protection Letters and the Full Credit Bid Rule

By Michael A. Luberto

Whoever is detected in a shameful fraud is ever after not believed even if they speak the truth.

Post-Foreclosure Third Party LiabilityTransferring ownership of land has occurred for centuries. Essential to the passing of all or some of the “bundle of sticks” is the exchange of consideration. Today, nearly all real estate transactions involve the exchange of funds. Most deals are consummated through a title insurer, title insurance agent, or, in some cases, an attorney or escrow agent. To alleviate lenders’ and buyers’ concerns about the safety of their funds held by title insurance agents, the title insurance industry developed the closing protection letter (also known as an insured closing letter).

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Real Property Law Section 2017 Strategic Plan

Adopted September 28, 2017

2017 Strategic Plan Committees and Members

David E. Nykanen
Chair, Real Property Law Section 2016-2017

Jerome P. Pesick and C. Kim Shierk,
Co-Chairs of the 2017 Strategic Plan

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Continuing Legal Education

By Michael Luberto, Chair

Michael LubertoForty-Second Annual Summer Conference
July 19–22, 2017

Mission Possible: Traversing Michigan’s Real Estate Landscape
Grand Traverse Resort & Spa
Traverse City, Michigan

The 2017 Summer Conference was a great success.  We had over 140 registrants plus their families attend. The section thanks Brian H. Holt, Miller Canfield and C. Lynn Sagar, First American Title Insurance Co. for planning this dynamic and thought-provoking conference. Pictures can be found on the Section’s Facebook page. Join us on

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Chair's Report

By Melissa N. Collar

Melissa CollarIt wasn’t until I stepped into my new role as Chair of the Real Property Law Section this last July did I realize the true breadth and depth of our Section.

Leadership: We regularly report on the size of our membership, which has grown to almost 3,600 members this last year. Equally important, we have over 45 volunteer leaders leading the activities of the Section. The leaders are Council members, Standing Committee Chairs, and Special Committee Co-Chairs. We also have numerous volunteers serving as chairs of educational programs, writing amicus briefs, and working on special legislation. It is inspiring to see how many of our fellow real estate attorneys share such passion for real property law!

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Judicial Decisions Affecting Real Property

By Catharine B. LaMont

Catharine LaMontThe Section is active in the judicial process in a variety of ways, such as preparing amicus curiae briefs and monitoring cases of interest to real estate lawyers. This Article provides a quarterly report designed to inform Section members about the Section’s efforts to maintain the integrity of the law and to advise Section members about published decisions that may affect real estate practice.

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Legislation Affecting Real Property

By Catharine B. LaMont

Catharine LaMontThe Section is active in the legislative process in a variety of ways, such as appearing before House and Senate committees, lobbying for and against bills, and monitoring legislation of interest to real estate lawyers. Before taking a formal public position for or against a bill, the Section follows procedures specified in its bylaws, and members with an interest in particular legislation should bring it to the attention of members of the Section Council or the chairs of the Special Committees listed on the Section’s website. Policy Positions of the Section can also be found there. This article provides a report of the year in review designed to inform Section members about new legislation affecting real property. The following are the bills of interest that became law after March, 2017 and before December, 2017.

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Sign Up Today!

Real Property Winter Conference 2024

Dates: March 7–9, 2024
The Westin Kierland Resort & Spa, Scottsdale, AZ

More Information & Registration

Save the Date—Summer Conference 2024

Date: July 17–20, 2024
Location: Grand Traverse Resort, Traverse City, Michigan

More Information & Registration Coming Soon

Save the Date—Real Property Law Academy I

Date: September 17-18, 2024
Location: L.V. Eberhard Center, Grand Rapids

More Information & Registration Coming Soon

Get Involved!

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.

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