HOUSE BILL No. 4412

 

February 24, 2009, Introduced by Reps. Sheltrown, Neumann, Schuitmaker, Mayes, Constan, Stanley, Bauer, Leland, Meadows, Geiss, Polidori and Dean and referred to the Committee on Tax Policy.

 

     A bill to amend 1893 PA 206, entitled

 

"The general property tax act,"

 

by amending sections 78a, 78e, 78f, and 78g (MCL 211.78a, 211.78e,

 

211.78f, and 211.78g), section 78a as amended by 2008 PA 352,

 

section 78e as added by 1999 PA 123, and sections 78f and 78g as

 

amended by 2003 PA 263.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 78a. (1) For taxes levied after December 31, 1998, all

 

property returned for delinquent taxes, and upon which taxes,

 

interest, penalties, and fees remain unpaid after the property is

 

returned as delinquent to the county treasurers of this state under

 

this act, is subject to forfeiture, foreclosure, and sale for the

 

enforcement and collection of the delinquent taxes as provided in

 

section 78, this section, and sections 78b to 79a. As used in

 


section 78, this section, and sections 78b to 79a, "taxes" includes

 

interest, penalties, and fees imposed before the taxes become

 

delinquent and unpaid special assessments or other assessments that

 

are due and payable up to and including the date of the foreclosure

 

hearing under section 78k.

 

     (2) On March 1 in each year, taxes levied in the immediately

 

preceding year that remain unpaid shall be returned as delinquent

 

for collection. However, if the last day in a year that taxes are

 

due and payable before being returned as delinquent is on a

 

Saturday, Sunday, or legal holiday, the last day taxes are due and

 

payable before being returned as delinquent is on the next business

 

day and taxes levied in the immediately preceding year that remain

 

unpaid shall be returned as delinquent on the immediately

 

succeeding business day. Except as otherwise provided in section 79

 

for certified abandoned property, property delinquent for taxes

 

levied in the second third year preceding the forfeiture under

 

section 78g or in a prior year to which this section applies shall

 

be forfeited to the county treasurer for the total of the unpaid

 

taxes, interest, penalties, and fees for those years as provided

 

under section 78g.

 

     (3) A county property tax administration fee of 4% and

 

interest computed at a noncompounded rate of 1% per month or

 

fraction of a month on the taxes that were originally returned as

 

delinquent, computed from the date that the taxes originally became

 

delinquent, shall be added to property returned as delinquent under

 

this section. A county property tax administration fee provided for

 

under this subsection shall not be less than $1.00.

 


     (4) Any person with an unrecorded property interest or any

 

other person who wishes at any time to receive notice of the return

 

of delinquent taxes on a parcel of property may pay an annual fee

 

not to exceed $5.00 by February 1 to the county treasurer and

 

specify the parcel identification number, the address of the

 

property, and the address to which the notice shall be sent.

 

Holders of any undischarged mortgages wishing to receive notice of

 

the return of delinquent taxes on a parcel or parcels of property

 

may provide a list of such parcels in a form prescribed by the

 

county treasurer and pay an annual fee not to exceed $1.00 per

 

parcel to the county treasurer and specify for each parcel the

 

parcel identification number, the address of the property, and the

 

address to which the notice should be sent. The county treasurer

 

shall notify the person or holders of undischarged mortgages if

 

delinquent taxes on the property or properties are returned within

 

that year.

 

     (5) Notwithstanding any charter provision to the contrary, the

 

governing body of a local governmental unit that collects

 

delinquent taxes may establish for any property, by ordinance,

 

procedures for the collection of delinquent taxes and the

 

enforcement of tax liens and the schedule for the forfeiture or

 

foreclosure of delinquent tax liens. The procedures and schedule

 

established by ordinance shall conform at a minimum to those

 

procedures and schedules established under sections 78a this

 

section and sections 78b to 78l, except that those taxes subject to

 

a payment plan approved by the treasurer of the local governmental

 

unit as of July 1, 1999 shall not be considered delinquent if

 


payments are not delinquent under that payment plan.

 

     Sec. 78e. (1) Except as otherwise provided in section 79 for

 

certified abandoned property, on November 1 of each tax year, the

 

county treasurer shall prepare a list of all property subject to

 

forfeiture for delinquent taxes on the immediately succeeding March

 

1. The list shall include all property on which delinquent taxes,

 

interest, penalties, and fees are unpaid on the November 1

 

immediately succeeding in the year 2 years after the date that

 

taxes levied on the property 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 list shall indicate for each parcel the total amount of

 

delinquent taxes, interest, penalties, and fees, computed to the

 

day preceding the forfeiture under section 78g.

 

     (2) Not later than December 1 in each tax year, the county

 

treasurer shall determine, to the extent possible, all of the

 

following based exclusively on the records contained in the office

 

of the local assessor, local treasurer, and county treasurer for

 

property subject to forfeiture for delinquent taxes under section

 

78g on the immediately succeeding March 1:

 

     (a) The street address of the property.

 

     (b) The name and address of all of the following:

 

     (i) The owners.

 

     (ii) The holder of any undischarged mortgage, tax certificate

 

issued under former section 71, or other legal interest.

 

     (iii) A subsequent purchaser under any land contract.

 

     (iv) A person entitled to notice of the return of delinquent

 


taxes under section 78a(5).

 

     Sec. 78f. (1) Except as otherwise provided in section 79 for

 

certified abandoned property, not later than the February 1 in the

 

year 2 years 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, 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, 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.

 

     (2) The notice required under subsection (1) shall also be

 

mailed to the property by first-class mail, addressed to

 

"occupant", if the notice was not sent to the occupant of the

 

property pursuant to subsection (1).

 

     (3) A county treasurer may insert 1 or more additional notices

 

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 may be made in a newspaper published

 

and circulated in an adjoining county.

 

     (4) The county treasurer may 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 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

 

may be made in a newspaper 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 24 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. 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. 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

 

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 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 in the year 2 years immediately 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.

 

     (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.