February 15, 2005, Introduced by Reps. Cheeks, Williams, Hood, Leland, Farrah, Pastor, McConico, Waters, Plakas, Accavitti, Vagnozzi, Cushingberry, Gleason, Sheltrown, Lemmons, Jr., Brown, Whitmer, Lemmons, III, Adamini, Phillips, Gaffney and Virgil Smith and referred to the Committee on Tax Policy.
A bill to amend 1893 PA 206, entitled
"The general property tax act,"
by amending sections 59, 78b, 78c, 78f, 78g, 78i, 78k, 78l, and 78m
(MCL 211.59, 211.78b, 211.78c, 211.78f, 211.78g, 211.78i, 211.78k,
211.78l, and 211.78m), section 59 as amended by 2001 PA 97 and
sections 78b, 78c, 78f, 78g, 78i, 78k, 78l, and 78m as amended by
2003 PA 263.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 59. (1) A person may pay the taxes, any 1 of the taxes, a
portion of the taxes specified by resolution of the county board of
commissioners, or if a specification is not made by a resolution of
the county board of commissioners, a portion of the taxes approved
by the county treasurer on a parcel or description of property
returned as delinquent, or on an undivided share of a parcel or
description of property returned as delinquent. For taxes levied on
real property before January 1, 1999 and for taxes levied on
personal property, the amount paid under this subsection shall
include interest computed from the March 1 after the taxes were
assessed at the rate of 1% per month or fraction of a month, except
as provided in section 89, and 4% of the delinquent taxes as a
county property tax administration fee that shall be a minimum of
$1.00 per payment of delinquent taxes, except as provided in
section 89. Payment under this subsection shall be made to the
county
treasurer of the county in which the property is situated ,
at any time before the property is sold at a tax sale held pursuant
to
section 60 , bid off to this state pursuant to section 70, or
forfeited to a county treasurer pursuant to section 78g. Payment
under this subsection shall be credited against the most delinquent
taxes. The county treasurer and the treasurer for the local tax
collecting unit shall allocate and distribute the taxes and
interest paid proportionately among the county or local tax
collecting unit funds and the property tax administration fee
returned as delinquent under section 44(6) to the treasurer of the
local tax collecting unit who transmitted the taxes returned as
delinquent. For taxes levied before January 1, 1999, on all
descriptions of property with unpaid taxes on the October 1 before
the time prescribed for the sale of a tax lien on the property, an
additional $10.00 shall be charged for expenses, which shall be a
lien on the property. If collected, $5.00 of this expense charge
shall be credited to a restricted revenue fund of this state, to be
known as the delinquent property tax administration fund, to
reimburse this state for the cost of publishing the lists of
property and other expenses, and $5.00 shall belong to the general
fund of the county to reimburse the county for the expense incurred
in preparing the list of delinquent property for sale or
forfeiture.
(2) For taxes levied before January 1, 1999, the property tax
administration fee paid to the county treasurer shall be credited
to the general fund of the county and the property tax
administration fee paid to the state treasurer shall be credited to
the delinquent property tax administration fund. Amounts credited
to the general fund of the county shall be used only for the
purposes specified in subsection (6).
(3) For taxes levied before January 1, 1999, and for taxes
levied after December 31, 1998, a county board of commissioners, by
resolution, may provide all of the following for taxes paid before
May 1 in the first year of delinquency for the homestead property
of
a senior citizen, paraplegic, hemiplegic, quadriplegic, eligible
serviceman serviceperson, eligible veteran, eligible widow or
widower, totally and permanently disabled person, or blind person,
as those persons are defined in chapter 9 of the income tax act of
1967, 1967 PA 281, MCL 206.501 to 206.532, if a claim is made
before February 15 for the credit provided by chapter 9 of the
income tax act of 1967, 1967 PA 281, MCL 206.501 to 206.532, if
that claimant presents a copy of the form filed for that credit to
the county treasurer, and if that claimant has not received the
credit before March 1:
(a) Any interest, fee, or penalty in excess of the interest,
fee, or penalty that would have been added if the tax had been paid
before February 15 is waived.
(b) Interest paid under subsection (1) or section 89(1)(a) is
waived unless the interest is pledged to the repayment of
delinquent tax revolving fund notes or payable to the county
delinquent tax revolving fund, in which case the interest shall be
refunded from the general fund of the county.
(c) The county property tax administration fee is waived.
(4) The treasurer of the local tax collecting unit shall
indicate on the delinquent tax roll if a 1% property tax
administration fee was added to taxes collected before February 15.
(5) The fees authorized and collected under this section and
credited to the delinquent property tax administration fund shall
be used by the department of treasury to pay expenses incurred in
the administration of this act.
(6) The county property tax administration fee shall be used
by the county to offset the costs incurred in and ancillary to
collecting delinquent property taxes and for purposes authorized by
sections 87b and 87d.
Sec. 78b. Except as otherwise provided in section 79 for
certified abandoned property, on the June 1 immediately succeeding
the
date that unpaid taxes are returned to the county treasurer
for
forfeiture, foreclosure, and sale under section 60a(1) or (2)
or
returned to the county treasurer as
delinquent under section
78a,
the county treasurer shall send notice of all the following by
first-class
mail, address correction requested certified mail,
return receipt mandatory, to the person to whom a tax bill for
property returned for delinquent taxes was last sent or to the
person identified as the owner of property returned for delinquent
taxes, to a person entitled to notice of the return of delinquent
taxes under section 78a(4), and to a person to whom a tax
certificate for property returned for delinquent taxes was issued
pursuant to former section 71, as shown on the current records of
the county treasurer:
(a) The date property on which unpaid taxes were returned as
delinquent will be forfeited to the county treasurer for those
unpaid delinquent taxes, interest, penalties, and fees.
(b) A statement that a person who holds a legal interest in
the property may lose that interest as a result of the forfeiture
and subsequent foreclosure proceeding.
(c) A legal description or parcel number of the property and
the street address of the property, if available.
(d) The person or persons to whom the notice is addressed.
(e) The unpaid delinquent taxes, interest, penalties, and fees
due on the property.
(f) A statement that unless those unpaid delinquent taxes,
interest,
penalties, and fees are paid on or before the March 31
immediately
succeeding the entry in an uncontested case of a
judgment
foreclosing the property under section 78k within 6
months after the entry of a judgment for possession of the property
is entered under chapter 57 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5701 to 600.5759, absolute title to the
property shall vest in the foreclosing governmental unit.
(g) A statement of the person's rights of redemption and
notice
that the rights of redemption will expire on the March 31
immediately
succeeding the entry in an uncontested case of a
judgment
foreclosing the property under section 78k 6 months after
the entry of a judgment for possession of the property is entered
under chapter 57 of the revised judicature act of 1961, 1961 PA
236, MCL 600.5701 to 600.5759.
Sec. 78c. Except as otherwise provided in section 79 for
certified abandoned property, on the September 1 immediately
succeeding
the date that unpaid taxes are returned to the county
treasurer
for forfeiture, foreclosure, and sale under section
60a(1)
or (2) or returned to the county
treasurer as delinquent
under section 78a, the county treasurer shall send notice of all
the
following by first-class mail, address correction requested
certified mail, return receipt mandatory, to the person to whom a
tax bill for property returned for delinquent taxes was last sent
or to the person identified as the owner of property returned for
delinquent taxes, to a person entitled to notice of the return of
delinquent taxes under section 78a(4), and to a person to whom a
tax certificate for property returned for delinquent taxes was
issued pursuant to former section 71, as shown on the current
records of the county treasurer:
(a) The date property on which unpaid taxes were returned as
delinquent will be forfeited to the county treasurer for those
unpaid delinquent taxes, interest, penalties, and fees.
(b) A statement that a person who holds a legal interest in
the property may lose that interest as a result of the forfeiture
and subsequent foreclosure proceeding.
(c) A legal description or parcel number of the property and
the street address of the property, if available.
(d) The person or persons to whom the notice is addressed.
(e) The unpaid delinquent taxes, interest, penalties, and fees
due on the property.
(f) A schedule of the additional fees that will accrue on the
immediately succeeding October 1 pursuant to section 78d if the
unpaid delinquent taxes, interest, penalties, and fees due on the
property are not paid.
(g) A statement that unless those unpaid delinquent taxes,
interest,
penalties, and fees are paid on or before the March 31
immediately
succeeding the entry in an uncontested case of a
judgment
foreclosing the property under section 78k within 6
months after the entry of a judgment for possession of the property
is entered under chapter 57 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5701 to 600.5759, absolute title to the
property shall vest in the foreclosing governmental unit.
(h) A statement of the person's rights of redemption and
notice
that the rights of redemption will expire on the March 31
immediately
succeeding the entry in an uncontested case of a
judgment
foreclosing the property under section 78k 6 months after
the entry of a judgment for possession of the property is entered
under chapter 57 of the revised judicature act of 1961, 1961 PA
236, MCL 600.5701 to 600.5759.
Sec. 78f. (1) Except as otherwise provided in section 79 for
certified abandoned property, not later than the February 1
immediately
succeeding the date that unpaid taxes were returned to
the
county treasurer for forfeiture, foreclosure, and sale under
section
60a(1) or (2) or returned to the
county treasurer as
delinquent under section 78a, the county treasurer shall send a
notice
by certified mail, return receipt requested mandatory,
to
the person to whom a tax bill for property returned for delinquent
taxes was last sent and, if different, to the person identified as
the owner of property returned for delinquent taxes as shown on the
current records of the county treasurer and to those persons
identified under section 78e(2). The notice required under this
subsection shall include all of the following:
(a) The date property on which those unpaid taxes were
returned as delinquent will be forfeited to the county treasurer
for the unpaid delinquent taxes, interest, penalties, and fees.
(b) A statement that a person who holds a legal interest in
the property may lose that interest as a result of the forfeiture
and subsequent foreclosure proceeding.
(c) A legal description or parcel number of the property and
the street address of the property, if available.
(d) The person to whom the notice is addressed.
(e) The unpaid delinquent taxes, interest, penalties, and fees
due on the property.
(f) A schedule of the additional interest, penalties, and fees
that will accrue on the immediately succeeding March 1 pursuant to
section 78g if those unpaid delinquent taxes, interest, penalties,
and fees due on the property are not paid.
(g) A statement that unless those unpaid delinquent taxes,
interest,
penalties, and fees are paid on or before the March 31
immediately
succeeding the entry in an uncontested case of a
judgment
foreclosing the property under section 78k within 6
months after the entry of a judgment for possession of the property
is entered under chapter 57 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5701 to 600.5759, absolute title to the
property shall vest in the foreclosing governmental unit.
(h) A statement of the person's rights of redemption and
notice
that the rights of redemption will expire on the March 31
immediately
succeeding the entry in an uncontested case of a
judgment
foreclosing the property under section 78k 6 months after
the entry of a judgment for possession of the property is entered
under chapter 57 of the revised judicature act of 1961, 1961 PA
236, MCL 600.5701 to 600.5759.
(2) The notice required under subsection (1) shall also be
mailed
to the property by first-class mail certified mail, return
receipt mandatory, addressed to "occupant", if the notice was not
sent to the occupant of the property pursuant to subsection (1).
(3)
A county treasurer may shall insert 1 or more additional
notices
in a the newspaper
with the largest circulation published
and circulated in the county in which the property is located, if
there is one. If no newspaper is published in that county,
publication
may shall be made in a the
newspaper with the
largest circulation published and circulated in an adjoining
county.
(4)
The county treasurer may shall publish the street
address, if available, of property subject to forfeiture under
section 78g on the immediately succeeding March 1 for delinquent
taxes or the street address, if available, of property subject to
forfeiture under section 78g on the immediately succeeding March 1
for delinquent taxes and the name of the person to whom a tax bill
for property returned for delinquent taxes was last sent and, if
different, the name of the person identified as the owner of the
property returned for delinquent taxes as shown on the current
records
of the county treasurer in a the newspaper
with the
largest circulation published and circulated in the county in which
the property is located, if there is one. If no newspaper is
published
in that county, publication may be made in a the
newspaper with the largest circulation published and circulated in
an adjoining county.
Sec. 78g. (1) Except as otherwise provided in this subsection,
on March 1 in each tax year, certified abandoned property and
property that is delinquent for taxes, interest, penalties, and
fees for the immediately preceding 12 months or more is forfeited
to the county treasurer for the total amount of those unpaid
delinquent taxes, interest, penalties, and fees. If property is
forfeited to a county treasurer under this subsection, the
foreclosing governmental unit does not have a right to possession
of
the property until the April 1 immediately succeeding the entry
of
a judgment foreclosing the property under section 78k or in a
contested
case until 22 days after the entry of a judgment
foreclosing
the property under section 78k 6 months after the
entry of a judgment for possession of the property is entered under
chapter 57 of the revised judicature act of 1961, 1961 PA 236, MCL
600.5701 to 600.5759. If property is forfeited to a county
treasurer under this subsection, the county treasurer shall add a
$175.00 fee to each parcel of property for which those delinquent
taxes, interest, penalties, and fees remain unpaid. A county
treasurer shall withhold a parcel of property from forfeiture for
any reason determined by the state tax commission. The procedure
for withholding a parcel of property from forfeiture under this
subsection shall be determined by the state tax commission.
(2) Not more than 45 days after property is forfeited under
subsection (1), the county treasurer shall record with the county
register of deeds a certificate in a form determined by the
department of treasury for each parcel of property forfeited to the
county treasurer, specifying that the property has been forfeited
to the county treasurer and not redeemed and that absolute title to
the
property shall vest in the county treasurer on the March 31
immediately
succeeding the entry of a judgment foreclosing the
property
under section 78k or in a contested case 21 days after the
entry
of a judgment foreclosing the property under section 78k 6
months after the entry of a judgment for possession of the property
is entered under chapter 57 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5701 to 600.5759. If a certificate of
forfeiture is recorded in error, the county treasurer shall record
with the county register of deeds a certificate of error in a form
prescribed by the department of treasury. A certificate submitted
to the county register of deeds for recording under this subsection
need not be notarized and may be authenticated by a digital
signature of the county treasurer or by other electronic means. If
the county has elected under section 78 to have this state
foreclose property under this act forfeited to the county treasurer
under this section, the county treasurer shall immediately transmit
to the department of treasury a copy of each certificate recorded
under this subsection. The county treasurer shall upon collection
transmit to the department of treasury within 30 days the fee added
to each parcel under subsection (1), which may be paid from the
county's delinquent tax revolving fund and shall be deposited in
the land reutilization fund created under section 78n.
(3) Property forfeited to the county treasurer under
subsection
(1) may be redeemed at any time on or before the March
31
immediately succeeding the entry of a judgment foreclosing the
property
under section 78k or in a contested case within 21 days of
the
entry of a judgment foreclosing the property under section 78k
within 6 months after the entry of a judgment for possession of the
property is entered under chapter 57 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.5701 to 600.5759, upon payment to the
county treasurer of all of the following:
(a) The total amount of unpaid delinquent taxes, interest,
penalties, and fees for which the property was forfeited.
(b)
In addition to the interest calculated under sections
60a(1)
or (2) and section
78a(3), additional interest computed at
a noncompounded rate of 1/2% per month or fraction of a month on
the taxes that were originally returned as delinquent, computed
from the March 1 preceding the forfeiture.
(c) All recording fees and all fees for service of process or
notice.
(4) If property is redeemed by a person with a legal interest
as provided under subsection (3), any unpaid taxes not returned as
delinquent to the county treasurer under section 78a are not
extinguished.
(5) If property is redeemed by a person with a legal interest
as provided under subsection (3), the person redeeming does not
acquire a title or interest in the property greater than that
person would have had if the property had not been forfeited to the
county treasurer, but the person redeeming, other than the owner,
is entitled to a lien for the amount paid to redeem the property in
addition to any other lien or interest the person may have, which
shall be recorded within 30 days with the register of deeds by the
person entitled to the lien. The lien acquired shall have the same
priority as the existing lien, title, or interest.
(6) If property is redeemed as provided under subsection (3),
the county treasurer shall issue a redemption certificate in
quadruplicate in a form prescribed by the department of treasury.
One of the quadruplicate certificates shall be delivered to the
person making the redemption payment, 1 shall be filed in the
office of the county treasurer, 1 shall be recorded in the office
of the county register of deeds, and 1 shall be immediately
transmitted to the department of treasury if this state is the
foreclosing governmental unit. The county treasurer shall also make
a note of the redemption certificate in the tax record kept in his
or her office, with the name of the person making the final
redemption payment, the date of the payment, and the amount paid.
If the county treasurer accepts partial redemption payments, the
county treasurer shall include in the tax record kept in his or her
office the name of the person or persons making each partial
redemption payment, the date of each partial redemption payment,
the amount of each partial redemption payment, and the total amount
of all redemption payments. A certificate and the entry of the
certificate in the tax record by the county treasurer is prima
facie evidence of a redemption payment in the courts of this state.
A certificate submitted to the county register of deeds for
recording under this subsection need not be notarized and may be
authenticated by a digital signature of the county treasurer or by
other electronic means. If a redemption certificate is recorded in
error, the county treasurer shall record with the county register
of deeds a certificate of error in a form prescribed by the
department of treasury. A copy of a certificate of error recorded
under this section shall be immediately transmitted to the
department of treasury if this state is the foreclosing
governmental unit. Payment under this subsection shall be credited
against the most delinquent taxes.
(7) If a foreclosing governmental unit has reason to believe
that a property forfeited under this section may be the site of
environmental contamination, the foreclosing governmental unit
shall provide the department of environmental quality with any
information in the possession of the foreclosing governmental unit
that suggests the property may be the site of environmental
contamination.
Sec. 78i. (1) Not later than May 1 immediately succeeding the
forfeiture of property to the county treasurer under section 78g,
the foreclosing governmental unit shall initiate a search of
records identified in subsection (6) to identify the owners of a
property interest in the property who are entitled to notice under
this section of the show cause hearing under section 78j and the
foreclosure hearing under section 78k. The foreclosing governmental
unit may enter into a contract with 1 or more authorized
representatives to perform a title search or may request from 1 or
more authorized representatives another title search product to
identify the owners of a property interest in the property as
required under this subsection or to perform other functions
required for the collection of delinquent taxes under this act.
(2) After conducting the search of records under subsection
(1), the foreclosing governmental unit or its authorized
representative shall determine the address reasonably calculated to
apprise those owners of a property interest of the show cause
hearing under section 78j and the foreclosure hearing under section
78k and shall send notice of the show cause hearing under section
78j and the foreclosure hearing under section 78k to those owners,
to a person entitled to notice of the return of delinquent taxes
under
section 78a(4) , and to a person to whom a tax deed for
property
returned for delinquent taxes was issued pursuant to
section
72 as determined by the records of
the state treasurer or
county
treasurer as applicable, by certified mail, return receipt
requested
mandatory, not less than 30
days before the show cause
hearing. If after conducting the search of records under subsection
(1) the foreclosing governmental unit is unable to determine an
address reasonably calculated to inform a person with an interest
in a forfeited property, or if the foreclosing governmental unit
discovers a deficiency in notice under subsection (4), the
following shall be considered reasonable steps by the foreclosing
governmental unit or its authorized representative to ascertain the
address of a person entitled to notice under this section or to
ascertain an address necessary to correct the deficiency in notice
under subsection (4):
(a) For an individual, a search of the records of the probate
court for the county in which the property is located.
(b) For an individual, a search of the qualified voter file
established under section 509o of the Michigan election law, 1954
PA 116, MCL 168.509o, which is authorized by this subdivision.
(c) For a partnership, a search of partnership records filed
with the county clerk.
(d) For a business entity other than a partnership, a search
of business entity records filed with the department of labor and
economic growth.
(3) The foreclosing governmental unit or its authorized
representative or authorized agent shall make a personal visit to
each parcel of property forfeited to the county treasurer under
section 78g to ascertain whether or not the property is occupied.
If the property appears to be occupied, the foreclosing
governmental unit or its authorized representative shall do all of
the following:
(a) Attempt to personally serve upon a person occupying the
property notice of the show cause hearing under section 78j and the
foreclosure hearing under section 78k.
(b) If a person occupying the property is personally served,
orally inform the occupant that the property will be foreclosed and
the occupants will be required to vacate unless all forfeited
unpaid delinquent taxes, interest, penalties, and fees are paid, of
the time within which all forfeited unpaid delinquent taxes,
interest, penalties, and fees must be paid, and of agencies or
other resources that may be available to assist the owner to avoid
loss of the property.
(c) If the occupant appears to lack the ability to understand
the advice given, notify the family independence agency or provide
the occupant with the names and telephone numbers of the agencies
that may be able to assist the occupant.
(d)
If the foreclosing governmental unit or its authorized
representative
is not able to personally meet with the occupant,
the
The foreclosing governmental
unit or its authorized
representative shall place the notice in a conspicuous manner on
the property and shall also place in a conspicuous manner on the
property a notice that explains, in plain English, that the
property will be foreclosed unless forfeited unpaid delinquent
taxes, interest, penalties, and fees are paid, the time within
which forfeited unpaid delinquent taxes, interest, penalties, and
fees must be paid, and the names, addresses, and telephone numbers
of agencies or other resources that may be available to assist the
occupant to avoid loss of the property. The notice shall be on 11-
inch by 15-inch legal size, bright, iridescent paper and printed in
24-point bold lettering. The foreclosing governmental unit shall
photograph each notice placed on the property. If this state is the
foreclosing governmental unit within a county, the department of
natural resources shall perform the personal visit to each parcel
of property under this subsection on behalf of this state.
(4) If the foreclosing governmental unit or its authorized
representative discovers any deficiency in the provision of notice,
the foreclosing governmental unit shall take reasonable steps in
good faith to correct that deficiency not later than 30 days before
the show cause hearing under section 78j, if possible. If it is
determined that within a county there is a deficiency in the
provision of notice to 20% or more of the owners of a property
interest who are entitled to notice under this section, an owner of
a property interest who is entitled to notice under this section,
his or her authorized representative, or his or her attorney may
seek a writ of mandamus under chapter 44 of the revised judicature
act, 1961 PA 236, MCL 600.4401 to 600.4431, to compel the
foreclosing governmental unit or its authorized representative to
correct that deficiency in notice.
(5)
If the foreclosing governmental unit or its authorized
representative
is unable to ascertain the address reasonably
calculated
to apprise the owners of a property interest entitled to
notice
under this section, or is unable to notify the owner of a
property
interest under subsection (2), the In addition to service
by certified mail, return receipt mandatory and a personal visit,
notice shall also be made by publication. A notice shall be
published
for 3 successive weeks, once each week, in a the
newspaper with the largest circulation published and circulated in
the county in which the property is located, if there is one. If no
paper
is published in that county, publication shall be made in a
the newspaper with the largest circulation published and circulated
in
an adjoining county. This publication shall be instead of in
addition to the notice under subsection (2).
(6) The owner of a property interest is entitled to notice
under this section of the show cause hearing under section 78j and
the foreclosure hearing under section 78k if that owner's interest
was identifiable by reference to any of the following sources
before the date that the county treasurer records the certificate
required under section 78g(2):
(a) Land title records in the office of the county register of
deeds.
(b) Tax records in the office of the county treasurer.
(c) Tax records in the office of the local assessor.
(d) Tax records in the office of the local treasurer.
(7) The notice required under subsections (2) and (3) shall
include all of the following:
(a) The date on which the property was forfeited to the county
treasurer.
(b) A statement that the person notified may lose his or her
interest in the property as a result of the foreclosure proceeding
under section 78k.
(c) A legal description or parcel number of the property and
the street address of the property, if available.
(d) The person to whom the notice is addressed.
(e) The total taxes, interest, penalties, and fees due on the
property.
(f) The date and time of the show cause hearing under section
78j.
(g) The date and time of the hearing on the petition for
foreclosure under section 78k, and a statement that unless the
forfeited unpaid delinquent taxes, interest, penalties, and fees
are
paid on or before the March 31 immediately succeeding the
entry
of a judgment foreclosing the property under section 78k, or
in
a contested case within 21 days of the entry of a judgment
foreclosing
the property under section 78k within 6 months after
the entry of a judgment for possession of the property is entered
under chapter 57 of the revised judicature act of 1961, 1961 PA
236, MCL 600.5701 to 600.5759, the title to the property shall vest
absolutely in the foreclosing governmental unit.
(h) An explanation of the person's rights of redemption and
notice
that the rights of redemption will expire on the March 31
immediately
succeeding the entry of a judgment foreclosing the
property
under section 78k, or in a contested case 21 days after
the
entry of a judgment foreclosing the property under section 78k
6 months after the entry of a judgment for possession of the
property is entered under chapter 57 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.5701 to 600.5759.
(8) The published notice required under subsection (5) shall
include all of the following:
(a) A legal description or parcel number of each property.
(b) The street address of each property, if available.
(c) The name of any person or entity entitled to notice under
this
section. who has not been notified under subsection (2)
or
(3).
(d) The date and time of the show cause hearing under section
78j.
(e) The date and time of the hearing on the petition for
foreclosure under section 78k.
(f) A statement that unless all forfeited unpaid delinquent
taxes,
interest, penalties, and fees are paid on or before the
March
31 immediately succeeding the entry of a judgment foreclosing
the
property under section 78k, or in a contested case within 21
days
of the entry of a judgment foreclosing the property under
section
78k within 6 months after the entry of a judgment for
possession of the property is entered under chapter 57 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759, the title to the property shall vest absolutely in the
foreclosing governmental unit.
(g) A statement that a person with an interest in the property
may lose his or her interest in the property as a result of the
foreclosure proceeding under section 78k.
(9) The owner of a property interest who has been properly
served with a notice of the show cause hearing under section 78j
and the foreclosure hearing under section 78k and who failed to
redeem the property as provided under this act shall not assert any
of the following:
(a) That notice was insufficient or inadequate on the grounds
that some other owner of a property interest was not also served.
(b) That the redemption period provided under this act was
extended in any way on the grounds that some other owner of a
property interest was not also served.
(10) The failure of the foreclosing governmental unit to
comply with any provision of this section shall not invalidate any
proceeding under this act if the owner of a property interest or a
person to whom a tax deed was issued is accorded the minimum due
process required under the state constitution of 1963 and the
constitution of the United States.
(11) As used in this section, "authorized representative"
includes all of the following:
(a) A title insurance company or agent licensed to conduct
business in this state.
(b) An attorney licensed to practice law in this state.
(c) A person accredited in land title search procedures by a
nationally recognized organization in the field of land title
searching.
(d) A person with demonstrated experience searching land title
records, as determined by the foreclosing governmental unit.
(12) The provisions of this section relating to notice of the
show cause hearing under section 78j and the foreclosure hearing
under section 78k are exclusive and exhaustive. Other requirements
relating to notice or proof of service under other law, rule, or
legal requirement are not applicable to notice and proof of service
under this section.
Sec. 78k. (1) If a petition for foreclosure is filed under
section 78h, not later than the date of the hearing, the
foreclosing governmental unit shall file with the clerk of the
circuit court proof of service of the notice of the show cause
hearing under section 78j, proof of service of the notice of the
foreclosure hearing under this section, and proof of the personal
visit to the property and publication under section 78i. Proof of
the personal visit to the property shall include a sworn statement
attesting to the personal visit and a photograph depicting each
notice placed on the property.
(2) A person claiming an interest in a parcel of property set
forth in the petition for foreclosure may contest the validity or
correctness of the forfeited unpaid delinquent taxes, interest,
penalties, and fees for 1 or more of the following reasons:
(a) No law authorizes the tax.
(b) The person appointed to decide whether a tax shall be
levied under a law of this state acted without jurisdiction, or did
not impose the tax in question.
(c) The property was exempt from the tax in question, or the
tax was not legally levied.
(d) The tax has been paid within the time limited by law for
payment or redemption.
(e) The tax was assessed fraudulently.
(f) The description of the property used in the assessment was
so indefinite or erroneous that the forfeiture was void.
(3) A person claiming an interest in a parcel of property set
forth in the petition for foreclosure who desires to contest that
petition shall file written objections with the clerk of the
circuit court and serve those objections on the foreclosing
governmental unit prior to the date of the hearing required under
this section.
(4) If the court determines that the owner of property subject
to foreclosure is a minor heir, is incompetent, is without means of
support, or is undergoing a substantial financial hardship, the
court may withhold that property from foreclosure for 1 year or may
enter an order extending the redemption period as the court
determines to be equitable. If the court withholds property from
foreclosure under this subsection, a taxing unit's lien for taxes
due is not prejudiced and that property shall be included in the
immediately succeeding year's tax foreclosure proceeding.
(5) The circuit court shall enter final judgment on a petition
for foreclosure filed under section 78h at any time after the
hearing under this section but not later than the March 30
immediately
succeeding the hearing with the judgment effective on
the
March 31 immediately succeeding the hearing for uncontested
cases
or 10 days after the conclusion of the hearing for contested
cases
6 months after the entry of a judgment for possession of the
property is entered under chapter 57 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.5701 to 600.5759. All redemption
rights
to the property expire on the March 31 immediately
succeeding
the entry of a judgment foreclosing the property under
this
section, or in a contested case 21 days after the entry of a
judgment
foreclosing the property under this section 6 months
after the entry of a judgment for possession of the property is
entered under chapter 57 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5701 to 600.5759. The circuit court's judgment
shall specify all of the following:
(a) The legal description and, if known, the street address of
the property foreclosed and the forfeited unpaid delinquent taxes,
interest, penalties, and fees due on each parcel of property.
(b) That fee simple title to property foreclosed by the
judgment will vest absolutely in the foreclosing governmental unit,
except as otherwise provided in subdivisions (c) and (e), without
any further rights of redemption, if all forfeited delinquent
taxes,
interest, penalties, and fees are not paid on or before the
March
31 immediately succeeding the entry of a judgment foreclosing
the
property under this section, or in a contested case within 21
days
of the entry of a judgment foreclosing the property under this
section
within 6 months after the entry of a judgment for
possession of the property is entered under chapter 57 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759.
(c) That all liens against the property, including any lien
for unpaid taxes or special assessments, except future installments
of special assessments and liens recorded by this state or the
foreclosing governmental unit pursuant to the natural resources and
environmental protection act, 1994 PA 451, MCL 324.101 to
324.90106, are extinguished, if all forfeited delinquent taxes,
interest,
penalties, and fees are not paid on or before the March
31
immediately succeeding the entry of a judgment foreclosing the
property
under this section, or in a contested case within 21 days
of
the entry of a judgment foreclosing the property under this
section
within 6 months after the entry of a judgment for
possession of the property is entered under chapter 57 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759.
(d) That, except as otherwise provided in subdivisions (c) and
(e), the foreclosing governmental unit has good and marketable fee
simple title to the property, if all forfeited delinquent taxes,
interest,
penalties, and fees are not paid on or before the March
31
immediately succeeding the entry of a judgment foreclosing the
property
under this section, or in a contested case within 21 days
of
the entry of a judgment foreclosing the property under this
section
within 6 months after the entry of a judgment for
possession of the property is entered under chapter 57 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759.
(e) That all existing recorded and unrecorded interests in
that property are extinguished, except a visible or recorded
easement or right-of-way, private deed restrictions, or
restrictions or other governmental interests imposed pursuant to
the natural resources and environmental protection act, 1994 PA
451, MCL 324.101 to 324.90106, if all forfeited delinquent taxes,
interest,
penalties, and fees are not paid on or before the March
31
immediately succeeding the entry of a judgment foreclosing the
property
under this section, or in a contested case within 21 days
of
the entry of a judgment foreclosing the property under this
section
within 6 months after the entry of a judgment for
possession of the property is entered under chapter 57 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759.
(f) A finding that all persons entitled to notice and an
opportunity to be heard have been provided that notice and
opportunity. A person shall be deemed to have been provided notice
and an opportunity to be heard if the foreclosing governmental unit
followed the procedures for provision of notice by mail, for visits
to forfeited property, and for publication under section 78i, or if
1 or more of the following apply:
(i) The person had constructive notice of the hearing under
this section by acquiring an interest in the property after the
date the notice of forfeiture is recorded under section 78g.
(ii) The person appeared at the hearing under this section or
filed written objections with the clerk of the circuit court under
subsection (3) prior to the hearing.
(iii) Prior to the hearing under this section, the person had
actual notice of the hearing.
(g) A judgment entered under this section is a final order
with respect to the property affected by the judgment and except as
provided in subsection (7) shall not be modified, stayed, or held
invalid
after the March 31 immediately succeeding the entry of a
judgment
foreclosing the property under this section, or for
contested
cases 21 days after the entry of a judgment foreclosing
the
property under this section 6 months after the entry of a
judgment for possession of the property is entered under chapter 57
of the revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759.
(6) Except as otherwise provided in subsection (5)(c) and (e),
fee simple title to property set forth in a petition for
foreclosure filed under section 78h on which forfeited delinquent
taxes,
interest, penalties, and fees are not paid on or before the
March
31 immediately succeeding the entry of a judgment foreclosing
the
property under this section, or in a contested case within 21
days
of the entry of a judgment foreclosing the property under this
section
within 6 months after the entry of a judgment for
possession of the property is entered under chapter 57 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759, shall vest absolutely in the foreclosing governmental
unit, and the foreclosing governmental unit shall have absolute
title to the property. The foreclosing governmental unit's title is
not subject to any recorded or unrecorded lien and shall not be
stayed or held invalid except as provided in subsection (7) or (9).
(7) The foreclosing governmental unit or a person claiming to
have a property interest under section 78i in property foreclosed
under this section may appeal the circuit court's order or the
circuit court's judgment foreclosing property to the court of
appeals. An appeal under this subsection is limited to the record
of the proceedings in the circuit court under this section and
shall not be de novo. The circuit court's judgment foreclosing
property shall be stayed until the court of appeals has reversed,
modified, or affirmed that judgment. If an appeal under this
subsection stays the circuit court's judgment foreclosing property,
the circuit court's judgment is stayed only as to the property that
is the subject of that appeal and the circuit court's judgment
foreclosing other property that is not the subject of that appeal
is not stayed. To appeal the circuit court's judgment foreclosing
property, a person appealing the judgment shall pay to the county
treasurer the amount determined to be due to the county treasurer
under
the judgment on or before the March 31 immediately
succeeding
the entry of a judgment foreclosing the property under
this
section, or in a contested case within 21 days of the entry of
a
judgment foreclosing the property under this section, together
with a notice of appeal. If the circuit court's judgment
foreclosing the property is affirmed on appeal, the amount
determined to be due shall be refunded to the person who appealed
the judgment. If the circuit court's judgment foreclosing the
property is reversed or modified on appeal, the county treasurer
shall refund the amount determined to be due to the person who
appealed the judgment, if any, and retain the balance in accordance
with the order of the court of appeals.
(8) The foreclosing governmental unit shall record a notice of
judgment for each parcel of foreclosed property in the office of
the register of deeds for the county in which the foreclosed
property is located in a form prescribed by the department of
treasury.
(9) After the entry of a judgment foreclosing the property
under this section, if the property has not been transferred under
section 78m to a person other than the foreclosing governmental
unit, a foreclosing governmental unit may cancel the foreclosure by
recording with the register of deeds for the county in which the
property is located a certificate of error in a form prescribed by
the department of treasury, if the foreclosing governmental unit
discovers any of the following:
(a) The foreclosed property was not subject to taxation on the
date of the assessment of the unpaid taxes for which the property
was foreclosed.
(b) The description of the property used in the assessment of
the unpaid taxes for which the property was foreclosed was so
indefinite or erroneous that the forfeiture of the property was
void.
(c) The taxes for which the property was foreclosed had been
paid to the proper officer within the time provided under this act
for the payment of the taxes or the redemption of the property.
(d) A certificate, including a certificate issued under
section 135, or other written verification authorized by law was
issued by the proper officer within the time provided under this
act for the payment of the taxes for which the property was
foreclosed or for the redemption of the property.
(e) An owner of an interest in the property entitled to notice
under section 78i was not provided notice sufficient to satisfy the
minimum requirements of due process required under the state
constitution of 1963 and the constitution of the United States.
(f) A judgment of foreclosure was entered under this section
in violation of an order issued by a United States bankruptcy
court.
(10) A certificate of error submitted to the county register
of deeds for recording under subsection (9) need not be notarized
and may be authenticated by a digital signature of the foreclosing
governmental unit or by other electronic means.
Sec.
78l. (1) If At any time after a judgment
for foreclosure
is entered under section 78k and all existing recorded and
unrecorded interests in a parcel of property are extinguished as
provided in section 78k, if the owner of any extinguished recorded
or
unrecorded interest in that property who claims that he or she
did
not receive any notice required under this act, shall not the
court shall vacate the judgment of foreclosure entered under
section 78k, the owner may bring an action for possession of the
property
against any subsequent owner, but may only bring an
action
to recover monetary damages as provided in this section and
the owner shall have an additional 6 months to pay all forfeited
unpaid delinquent taxes, interest, penalties, and fees due on the
property.
(2)
The court of claims has original and exclusive
jurisdiction
in any action to recover monetary damages under this
section.
An owner of property subject to a judgment of foreclosure
under section 78k shall have not less than 6 months to pay all
forfeited unpaid delinquent taxes, interest, penalties, and fees
due on the property after a judgment for possession of the property
is entered under chapter 57 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5701 to 600.5759. Absolute title to the
property shall not vest in the foreclosing governmental unit until
6 months after the entry of a judgment for possession of the
property is entered under chapter 57 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.5701 to 600.5759. A judgment for
possession of the property entered under chapter 57 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.5701 to 600.5759, is
stayed for not less than 6 months after the entry of a judgment for
possession is entered.
(3)
An action to recover monetary damages under this section
shall
not be brought more than 2 years after a judgment for
foreclosure
is entered under section 78k.
(4)
Any monetary damages recoverable under this section shall
be
determined as of the date a judgment for foreclosure is entered
under
section 78k and shall not exceed the fair market value of the
interest
in the property held by the person bringing the action
under
this section on that date, less any taxes, interest,
penalties,
and fees owed on the property as of that date.
(5)
The right to sue for monetary damages under this section
is
not transferable except by testate or intestate succession.
Sec.
78m. (1) Not later than the first Tuesday in July,
immediately
succeeding the entry of judgment under section 78k
vesting
absolute title to tax delinquent property in the
foreclosing
governmental unit Six months after the entry of a
judgment for possession of the property is entered under chapter 57
of the revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to
600.5759, and if all forfeited unpaid delinquent taxes, interest,
penalties, and fees due on the property have not been paid, this
state is granted the right of first refusal to purchase property at
the greater of the minimum bid or its fair market value by paying
that amount to the foreclosing governmental unit if the foreclosing
governmental unit is not this state. If this state elects not to
purchase the property under its right of first refusal, a city,
village, or township may purchase for a public purpose any property
located within that city, village, or township set forth in the
judgment and subject to sale under this section by payment to the
foreclosing governmental unit of the minimum bid. If a city,
village, or township does not purchase that property, the county in
which that property is located may purchase that property under
this section by payment to the foreclosing governmental unit of the
minimum bid. If property is purchased by a city, village, township,
or county under this subsection, the foreclosing governmental unit
shall convey the property to the purchasing city, village,
township, or county within 30 days. If property purchased by a
city, village, township, or county under this subsection is
subsequently sold for an amount in excess of the minimum bid and
all costs incurred relating to demolition, renovation,
improvements, or infrastructure development, the excess amount
shall be returned to the delinquent tax property sales proceeds
account for the year in which the property was purchased by the
city, village, township, or county or, if this state is the
foreclosing governmental unit within a county, to the land
reutilization fund created under section 78n. Upon the request of
the foreclosing governmental unit, a city, village, township, or
county that purchased property under this subsection shall provide
to the foreclosing governmental unit without cost information
regarding any subsequent sale or transfer of the property. This
subsection applies to the purchase of property by this state, a
city, village, or township, or a county prior to a sale held under
subsection (2).
(2)
Subject to subsection (1), beginning on the third Tuesday
in
July immediately succeeding the entry of the judgment under
section
78k vesting absolute title to tax delinquent property in
the
foreclosing governmental unit and ending on the immediately
succeeding
first Tuesday in November, the
foreclosing governmental
unit, or its authorized agent, at the option of the foreclosing
governmental unit, shall hold at least 2 property sales at 1 or
more convenient locations at which property foreclosed by the
judgment entered under section 78k shall be sold by auction sale,
which may include an auction sale conducted via an internet
website. Notice of the time and location of the sales shall be
published not less than 30 days before each sale in a newspaper
published and circulated in the county in which the property is
located, if there is one. If no newspaper is published in that
county, publication shall be made in a newspaper published and
circulated
in an adjoining county. Each sale shall be completed
before
the first Tuesday in November immediately succeeding the
entry
of judgment under section 78k vesting absolute title to the
tax
delinquent property in the foreclosing governmental unit.
Except as provided in subsection (5), property shall be sold to the
person bidding the highest amount above the minimum bid. The
foreclosing governmental unit may sell parcels individually or may
offer 2 or more parcels for sale as a group. The minimum bid for a
group of parcels shall equal the sum of the minimum bid for each
parcel included in the group. The foreclosing governmental unit may
adopt procedures governing the conduct of the sale and may cancel
the sale prior to the issuance of a deed under this subsection if
authorized under the procedures. The foreclosing governmental unit
may require full payment by cash, certified check, or money order
at the close of each day's bidding. Not more than 30 days after the
date of a sale under this subsection, the foreclosing governmental
unit shall convey the property by deed to the person bidding the
highest amount above the minimum bid. The deed shall vest fee
simple title to the property in the person bidding the highest
amount above the minimum bid, unless the foreclosing governmental
unit discovers a defect in the foreclosure of the property under
sections 78 to 78l. If this state is the foreclosing governmental
unit within a county, the department of natural resources shall
conduct the sale of property under this subsection and subsections
(4) and (5) on behalf of this state.
(3) For sales held under subsection (2), after the conclusion
of that sale, and prior to any additional sale held under
subsection (2), a city, village, or township may purchase any
property not previously sold under subsection (1) or (2) by paying
the minimum bid to the foreclosing governmental unit. If a city,
village, or township does not purchase that property, the county in
which that property is located may purchase that property under
this section by payment to the foreclosing governmental unit of the
minimum bid.
(4) If property is purchased by a city, village, township, or
county under subsection (3), the foreclosing governmental unit
shall convey the property to the purchasing city, village, or
township within 30 days.
(5) All property subject to sale under subsection (2) shall be
offered for sale at not less than 2 sales conducted as required by
subsection (2). The final sale held under subsection (2) shall be
held not less than 28 days after the previous sale under subsection
(2). At the final sale held under subsection (2), the sale is
subject to the requirements of subsection (2), except that the
minimum bid shall not be required. However, the foreclosing
governmental unit may establish a reasonable opening bid at the
sale to recover the cost of the sale of the parcel or parcels.
(6)
On or before December 1 immediately Immediately
succeeding the date of the sale under subsection (5), a list of all
property not previously sold by the foreclosing governmental unit
under this section shall be transferred to the clerk of the city,
village, or township in which the property is located. The city,
village, or township may object in writing to the transfer of 1 or
more
parcels of property set forth on that list. On or before
December
30 immediately succeeding the date of the sale under
subsection
(5), all All
property not previously sold by the
foreclosing governmental unit under this section shall be
transferred to the city, village, or township in which the property
is located, except those parcels of property to which the city,
village, or township has objected. Property located in both a
village and a township may be transferred under this subsection
only to a village. The city, village, or township may make the
property available under the urban homestead act, 1999 PA 127, MCL
125.2701 to 125.2709, or for any other lawful purpose.
(7) If property not previously sold is not transferred to the
city, village, or township in which the property is located under
subsection (6), the foreclosing governmental unit shall retain
possession of that property. If the foreclosing governmental unit
retains possession of the property and the foreclosing governmental
unit is this state, title to the property shall vest in the land
bank fast track authority created under section 15 of the land bank
fast track act, 2003 PA 258, MCL 124.765.
(8) A foreclosing governmental unit shall deposit the proceeds
from the sale of property under this section into a restricted
account designated as the "delinquent tax property sales proceeds
for the year ______". The foreclosing governmental unit shall
direct the investment of the account. The foreclosing governmental
unit shall credit to the account interest and earnings from account
investments. Proceeds in that account shall only be used by the
foreclosing governmental unit for the following purposes in the
following order of priority:
(a) The delinquent tax revolving fund shall be reimbursed for
all taxes, interest, and fees on all of the property, whether or
not all of the property was sold.
(b) All costs of the sale of property for the year shall be
paid.
(c) Any costs of the foreclosure proceedings for the year,
including, but not limited to, costs of mailing, publication,
personal service, and outside contractors shall be paid.
(d) Any costs for the sale of property or foreclosure
proceedings for any prior year that have not been paid or
reimbursed from that prior year's delinquent tax property sales
proceeds shall be paid.
(e) Any costs incurred by the foreclosing governmental unit in
maintaining property foreclosed under section 78k before the sale
under this section shall be paid, including costs of any
environmental remediation.
(f) If the foreclosing governmental unit is not this state,
any of the following:
(i) Any costs for the sale of property or foreclosure
proceedings for any subsequent year that are not paid or reimbursed
from that subsequent year's delinquent tax property sales proceeds
shall be paid from any remaining balance in any prior year's
delinquent tax property sales proceeds account.
(ii) Any costs for the defense of title actions.
(iii) Any costs incurred in administering the foreclosure and
disposition of property forfeited for delinquent taxes under this
act.
(g) If the foreclosing governmental unit is this state, any
remaining balance shall be transferred to the land reutilization
fund created under section 78n.
(9) Two or more county treasurers of adjacent counties may
elect to hold a joint sale of property as provided in this section.
If 2 or more county treasurers elect to hold a joint sale, property
may be sold under this section at a location outside of the county
in which the property is located. The sale may be conducted by any
county treasurer participating in the joint sale. A joint sale held
under this subsection may include or be an auction sale conducted
via an internet website.
(10) The foreclosing governmental unit shall record a deed for
any property transferred under this section with the county
register of deeds. The foreclosing governmental unit may charge a
fee in excess of the minimum bid and any sale proceeds for the cost
of recording a deed under this subsection.
(11) As used in this section, "minimum bid" is the minimum
amount established by the foreclosing governmental unit for which
property may be sold under this section. The minimum bid shall
include all of the following:
(a) All delinquent taxes, interest, penalties, and fees due on
the property. If a city, village, or township purchases the
property, the minimum bid shall not include any taxes levied by
that city, village, or township and any interest, penalties, or
fees due on those taxes.
(b) The expenses of administering the sale, including all
preparations for the sale. The foreclosing governmental unit shall
estimate the cost of preparing for and administering the annual
sale for purposes of prorating the cost for each property included
in the sale.
(12) For property transferred to this state under subsection
(1), a city, village, or township under subsection (6) or retained
by a foreclosing governmental unit under subsection (7), all taxes
due on the property as of the December 31 following the transfer or
retention of the property are canceled effective on that December
31.
(13) For property sold under this section, transferred to this
state under subsection (1), a city, village, or township under
subsection (6), or retained by a foreclosing governmental unit
under subsection (7), all liens for costs of demolition, safety
repairs, debris removal, or sewer or water charges due on the
property as of the December 31 immediately succeeding the sale,
transfer, or retention of the property are canceled effective on
that December 31. This subsection does not apply to liens recorded
by the department of environmental quality under this act or the
land bank fast track authority act.
(14) If property foreclosed under section 78k and held by or
under the control of a foreclosing governmental unit is a facility
as defined under section 20101(1)(o) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101, prior to
the sale or transfer of the property under this section, the
property is subject to all of the following:
(a) Upon reasonable written notice from the department of
environmental quality, the foreclosing governmental unit shall
provide access to the department of environmental quality, its
employees, contractors, and any other person expressly authorized
by the department of environmental quality to conduct response
activities at the foreclosed property. Reasonable written notice
under this subdivision may include, but is not limited to, notice
by electronic mail or facsimile, if the foreclosing governmental
unit consents to notice by electronic mail or facsimile prior to
the provision of notice by the department of environmental quality.
(b) If requested by the department of environmental quality to
protect public health, safety, and welfare or the environment, the
foreclosing governmental unit shall grant an easement for access to
conduct response activities on the foreclosed property as
authorized under chapter 7 of the natural resources and
environmental
protection act, 1994 PA 451, MCL 324.20101 to
324.20302 324.20519.
(c) If requested by the department of environmental quality to
protect public health, safety, and welfare or the environment, the
foreclosing governmental unit shall place and record deed
restrictions on the foreclosed property as authorized under chapter
7 of the natural resources and environmental protection act, 1994
PA
451, MCL 324.20101 to 324.20302 324.20519.
(d) The department of environmental quality may place an
environmental lien on the foreclosed property as authorized under
section 20138 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.20138.
(15) If property foreclosed under section 78k and held by or
under the control of a foreclosing governmental unit is a facility
as defined under section 20101(1)(o) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101, prior to
the sale or transfer of the property under this section, the
department of environmental quality shall request and the
foreclosing governmental unit shall transfer the property to the
state land bank fast track authority created under section 15 of
the land bank fast track act, 2003 PA 258, MCL 124.765, if all of
the following apply:
(a) The department of environmental quality determines that
conditions at a foreclosed property are an acute threat to the
public health, safety, and welfare, to the environment, or to other
property.
(b) The department of environmental quality proposes to
undertake or is undertaking state-funded response activities at the
property.
(c) The department of environmental quality determines that
the sale, retention, or transfer of the property other than under
this subsection would interfere with response activities by the
department of environmental quality.