Alpena Commissioners Oppose Legislative Bill
Fri, 06 Oct 2017 06:00:53 EDT
Alpena County Commissioners have gone on record, as have dozens of commissioners in other counties opposing an amendment to property tax foreclosure laws.

Some time ago, counties were given the option of taking over the tax foreclosure process or let the state handle it. Alpena along with a majority of counties took on the task, which would allow better control and working with property owners in hardship cases.

As explained by Alpena County Treasurer Kim Ludlow, a property subject to foreclosure in southern Michigan was contested in a estate. Being subject to a county tax foreclosure process, and operating under terms of the law, the property was sold and litigation resulted.

Lawmakers attempted to fix the problem by mandating any property part of an estate would be exempt from foreclosure while the estate is being settled. Ludlow mentioned that would be reasonable, but language was constructed in the law that could open the door to tax foreclosures being legally contested before or after being resolved.

That could result in a lot of additional legal expenses to counties, in addition to costs of the foreclosure process, or possibly reducing property sale values. Even a person not involved with a subject property could bring action against a county.

There is also a case before the State Supreme Court that could result in some counties being forced to make retroactive payments in settlements.

The resolution will be sent to members of the Michigan State Senate, House of
Representatives, and the Governor.


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