HomeMy WebLinkAboutResolutions - 2008.11.20 - 9570Corn
Distric
ssioner Thomas A. Middleton
#4
Commissioner Vine
kori,
itimissioner Sue Ann Douglas
District #12
Ssioner
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MISCELLANEOUS RESOLUTION #08 2651
BY: Commissioners Thomas A. Middleton, District #4, Sue Ann Douglas, District #12, Vincent
Gregory, District #21
RE: BOARD OF COMMISSIONERS — SUPPORT FOR SENATE BILL 1390 — ALLOWING
COUNTY REGISTERS OF DEEDS TO DETERMINE MORTGAGE FORECLOSURE
REDEMPTION PAYMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Prior to March 30,2005. when PA 538 of 2004 took effect, all Registers of Deeds were
able to provide the amount necessary to redeem property where the Inv tya9e I cdbe foreclosed;
and
WHEREAS, PA 538 prohibits Registers of Deeds from computing and providing reclemptiOn
amounts to property owners making the lien purchaser or their designee the only parties able to
provide the redemption amount typically charging a fee of over $200; and
WHEREAS, this change in the law has resulted in unintended consequences where property
owners are not always able to obtain the amount necessary to redeem or have to pay over $200
each time they request the payoff amount; and
WHEREAS, home mortgage foreclosures are forecasted to be at an all time high and are expected
to remain at current levels through 2010; and
WHEREAS, Senate Bill 1390, drafted by County Clerk/Register Ruth Johnson and introduced by
Senator Nancy Cassis on January 4, 2008, amends MCL 600.3240 stating a Register of Deeds
"may' determine the amount necessary for redemption; and
WHEREAS, Senate Bill 1390 provides immunity to the County and Register of Deeds for clerical
errors in determining the amount necessary for redemption; and
WHEREAS, Senate Bill 1390 also allows the Register of Deeds to charge a fee up to $50 for
determining the redemption amount; and
WHEREAS, Oakland County Clerk/Register of Deeds, Ruth Johnson and Macomb County
Clerk/Register of Deeds Carmella Sabaugh, in a bi-partisan effort, testified in favor of Senate Bill
1390 in front of the Senate Banking and Financial Institutions Committee on November 13, 2008;
and
WHEREAS, the Senate Banking and Financial institutions Committee passed Senate Bill 1390 With
5 ayes, 0 nays and 2 abstentions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports Senate Bill 1390 and encourages its quick passage in the Michigan Senate and House of
Representatives.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds forward copies of
this i„idopted resolution to Governor Granholm, the Oakland County delegation to the Michigan
legislature, the Michigan Association of Counties and Oakland County's lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
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Resolution #08265 November 20, 2008
Moved by Middleton supported by Potts to suspend the rules and vote on MISCELLANEOUS RESOLUTION
#08265 — BOARD OF COMMISSIONERS — SUPPORT FOR SENATE BILL 1390 — ALLOWING COUNTY
REGISTERS OF DEEDS TO DETERMINE MORTGAGE FORECLOSURE REDEMPTION PAYMENTS.
Vote on motion to suspend the rules:
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kovvall,
Long, Middleton, Nash, Potter, Potts, Scott, Spector, Zack, Bullard, Burns Clark, Coleman, Coulter. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08265 BOARD OF COMMISSIONERS —SUPPORT FOR SENATE BILL 1390 —ALLOWING
COUNTY REGISTERS OF DEEDS TO DETERMINE MORTGAGE FORECLOSURE REDEMPTION
PAYMENTS carried.
Moved by Middleton supported by Potts the resolution be adopted.
AYES: Crawford, Douglas, Gershenson. Gingell, Gosselin. Gregory, Greimel, Hatchett, Jacobsen, Kowall,
Long, Middleton, Nash, Potter, Potts. Scott. Spector, Zack, Bullard, Burns Clark, Coleman, Coulter, (2)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
DOES NOT REIRDE COUNTY EXECIITIR ACTION
STATE OF MICHIGAN}
COUNTY OF OAKLAND)
I, Ruth Johnson. 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 November 20,
2008, 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 County of Oakland at Pontiac,
Michigan this 20th day of November, 2008
Ruth Johnson, County Clerk