HomeMy WebLinkAboutResolutions - 2020.09.03 - 33624REPORT (MISC. #20324) September 3, 2020
BY: Commissioner Helaine Zack, Chairperson, Special Committee to Investigate the County Treasurer's
Management of Property Tax Foreclosures
IN RE: MR #20324 - BOARD OF COMMISSIONERS - ESTABLISH THE OAKLAND COUNTY
MINIMUM FORECLOSURE STANDARD POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Special Committee to Investigate the County Treasurer's Management of Property Tax Foreclosures,
having reviewed the above -referenced resolution on August 26, 2020, reports to recommend adaption of
the resolution with the following amendment(s):
1. Amend the Title, as follows'
"ESTABLISH THE OAKLAND COUNTY MINIMUM DELINQUENT TAX FORECLOSURE
64�44DARD POLICY
2. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows:
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby adopts the
Oakland County Minimum Delinquent Tax Foreclosure Standard Policy. The purpose of this policy is
to eliminate or significantly reduce foreclosures for delinquent property taxes in amounts less
than $1,000 (excluding interest, penalty fee, and costs). In furtherance of this policy, the Board of
Commissioners establishes the following standards and practices:
a. Resources under the control or jurisdiction of the County of Oakland shall not be
utilized in the pursuit of a foreclosure on residential or commercial property for
delinquent property taxes in amounts below the standard designated in this policy.
b. The Board of Commissioners charges the County Treasurer to develop and adopt a
written policy stating the County of Oakland will work to withhold these properties
from the annual foreclosure petition as a substantial financial hardship by utilizing
installment payment plans or tax foreclosure avoidance agreements, as authorized by
statute.
c. At the judicial foreclosure hearing, the County of Oakland shall not object to a request
from an owner of residential or commercial property that meets the standards of this
policy to have the court withhold the property from foreclosure for 1 year, as
authorized by statute.
3 Insert the following as the 2"d BE IT FURTHER RESOLVED'
BE IT FURTHER RESOLVED this policy may be waived in the following circumstances:
This policy does not prohibit the Treasurer from using resources to fulfill the statutory
requirement under the Michigan General Property Tax Act to file a foreclosure petition
annually with the circuit court.
If a property is included on the annual foreclosure petition which would otherwise meet
the standards of this policy, a city, village, or township within Oakland County may file a
request with the Treasurer giving specific reasons why the property should not be
withheld from the foreclosure process. The Treasurer shall honor the request if it is
accompanied by an adopted resolution of the city, village, or township, if the request is
received prior to February 1, and if the Treasurer is not otherwise required to withhold the
property by statute.
Adoption of a resolution by the Board of Commissioners.
This policy shall not apply if the affected property owner does not take affirmative action
on his or her own behalf to prevent the property from being foreclosed, such as entering
into an installment payment plan, or appearing at the judicial foreclosure hearing to
request a 1 year extension.
4. Delete the following BE IT FURTHER RESOLVED clauses:
l a than three years (excl din interest penalty tee and ..GSC E EL Ec rl lq:t of --tax
delinquency)
unless expressly authorized by a separate re6elwt 9R appFeved by the Oakland CGURty
Board of Commigg nners
9.E IT FYFITFIER RESOLVED ^ nt„ resource" rn. PUFPGSe s this GIlG inGludes the use Gf a s
the following;
1 . County revenue in any account under the GGntFGl or jur sdiGtiGn Gf GaIdand Gounty�
2�e„�a
4. County
c Any my pa legal counsel.
Chairperson, on behalf of the Special Committee to Investigate the County Treasurer's Management of
Property Tax Foreclosures, I move the acceptance of the foregoing report.
Commissioner Helaine Zac,, District
Chairperson, Special Committee to Investigate
the County Treasurer's Management of Property
Tax Foreclosures
MISCELLANEOUS RESOLUTION. #20324
BY: Commissioners David T. Woodward, District #19; Robert Hoffman, District #2
IN RE: BOARD OF COMMISSIONERS — ESTABLISH THE OAKLAND COUNTY MINIMUM
FORECLOSURE STANDARD POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 2013, the County Treasurer filed a petition seeking foreclosure on the property of Rafaeli,
LLC for $8.41 and later sold it at auction for $24,500; and
WHEREAS the Michigan Supreme Court issued a unanimous ruling in the Rafaeli, LLC, and Andre
Ohanessian v Oakland County, and Andrew Meisner case declaring the County Treasurer's action was
unconstitutional, when the County Treasurer foreclosed on Mr. Rafaeli's property for $8.41, selling the
property at auction, and retaining all the proceeds in excess of taxes, interest, penalties, fees, and costs;
and
WHEREAS with MR #19246 the Oakland County Board of Commissioners declared opposition to
"foreclosure for profit" and has long advocated for a change in state law banning such a practice; and
WHEREAS it is in the interest of Oakland County that we establish a standard such that an $8.41
foreclosure never happens again.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby adopts the
Oakland County Minimum Foreclosure Standard Policy.
BE IT FURTHER RESOLVED the Oakland County Minimum Foreclosure Standard prohibits any county
resource from being used to foreclose on a property located in Oakland County if the tax delinquency is
less than $1,000 for more than three years (excluding interest, penalty fee, and costs s as a result of tax
delinquency), unless expressly authorized by a separate resolution approved by the Oakland County Board
of Commissioners.
BE IT FURTHER RESOLVED "county resource" for the purpose of this policy includes the use of any of
the following:
1. County revenue in any account under the control or jurisdiction of Oakland County;
2. County staff;
3. County property;
4. County contractors;
5. Any county paid legal counsel.
BE IT FURTHER RESOLVED that this policy is effective immediately upon approval of this resolution.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the County Treasurer, and the
treasurers of every Oakland County city, village, and township.
Chairperson, we move the adoption of the foregoing resolution.
Commissioner David T. Woodward Commissioner Roee Hoffman
District #19 District #2
Resolution #20324
August 6, 2020
The Chairperson referred the resolution to the Special Committee to Investigate the County Treasurer's
Management of Property Tax Foreclosures. There were no objections.
Resolution #20324
September 3, 2020
Moved by Gershenson seconded by Zack the resolutions on the amended Consent Agenda be adopted
(with accompanying reports being accepted).
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted
(with accompanying reports being accepted).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 3,
2020, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 31d day of September, 2020.
ew'01--
Lisa Brown, Oakland County