PA 132 of 1999 Accelerated Foreclosure on Vacant, Open to Trespass, Blighted. & Tax Delinquent Properties Midland County Treasurer Catherine Lunsford

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1 PA 132 of 1999 Accelerated Foreclosure on Vacant, Open to Trespass, Blighted. & Tax Delinquent Properties Midland County Treasurer Catherine Lunsford

2 Have you ever been driving down a beautiful road?

3 Enjoying the scenery along the way.

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6 Why is this property like this? Why is this allowed to stay this way? Who is responsible to take care of it? How accessible is it? What about the dangers and safety hazards? Is there any contamination? How can we do something about it? Is anyone cooking Meth inside? PA132 of 1999!

7 Allows for the acceleration of forfeiture on properties that are abandoned, tax delinquent, open to trespass, and contribute to blight. It requires the cooperation of the local Township Assessor/Supervisor and the County Treasurer. It can be used in cooperation with the local unit s blight ordinance. Can reduce dealing with the same property year after year by forcing a financial impact on the property owner.

8 PROPERTY MUST BE ABANDONED/VACANT PROPERTY MUST CONTRIBUTE TO BLIGHT PROPERTY MUST BE OPEN TO TRESPASS PROPERTY TAX MUST BE TURNED OVER DELINQUENT The property must fit all 4 of the above qualifications in order to be certified abandoned, and for the current year tax to be forfeited immediately when turned over delinquent to the County. The property does not need to have delinquent taxes on prior year taxes. Properties can be certified as abandoned on only the current year taxes, as long as that tax is turned over delinquent to the County.

9 N Stark Rd-Hope

10 Normal Process of Delinquent Tax Foreclosure July 1, 2016 Summer Tax Bill December 1, 2016 Winter Tax Bill March 1, 2017 Unpaid Summer Winter Tax turned over to County Treasurer March 1, 2018 Unpaid 2016 tax forfeited to County Treasurer March 31, 2019 Property foreclosed for unpaid 2016 property tax. Certified Abandoned Process of Delinquent Tax Foreclosure July 1, 2016 Summer Tax Bill December 1, 2016 Winter Tax Bill March 1, 2017 Unpaid Summer Winter Tax turned over to County Treasurer and immediately forfeited. March 31, 2018 Property foreclosed for unpaid 2016 property tax.

11 The Township/City must pass a resolution each year, by Oct. 1 st stating that there are properties that contribute to blight, and are certifiable as abandoned. Township must post the property and also send a first class notice to the property owner by Feb. 1 st. If all of the above is done properly, the 2016 taxes can be forfeited immediately on 03/01/17 if turned over delinquent. Property owner can submit an affidavit stating why the property should not be certified prior to acceleration of forfeiting tax.

12 Clean the property up if it is blighted Board up the property if it is open to trespass Occupy the property if it is vacant Pay the current year taxes-current The property has to fit all four qualifications in order to forfeit the current taxes on March 1. If it is missing one qualification.it cannot be accelerated for forfeiture.

13 When our process server posts properties, he marks on his posting sheet if the property is vacant and takes a picture. He informs us if the property is open to trespass and blighted. When the pictures are viewed in our office, we notify the Township Assessor/Supervisor about the potential for certifying the property as abandoned. We assist the township with the necessary documentation (resolution and notice) to be handled in a timely manner.

14 There are many more properties being neglected and causing blight concerns and many townships are usually unable to afford the court costs to enforce. There are too many properties that year after year we continue to deal with on the forfeiture end that will continue to recur year after year. It is a proven way to reduce blight by forcing an owner to comply with cleaning the property up, securing it, or occupying it.

15 First Property to be foreclosed in the State of Michigan under PA132 in 2012 Property was Vacant Property was Open to Trespass Property was blighted 2009 Tax forfeited on 03/01/ Tax forfeited on 03/01/11 Property was foreclosed in 2012 on BOTH the 2009 & 2010 taxes combined. Property is now cleaned up and occupied.

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17 Someone was occupying this property; therefore it could not be certified as abandoned

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19 PA132 of 1999 requires that current taxes be paid current on Blighted, Abandoned, Open to Trespass properties that are certified as abandoned, otherwise the Current Tax will be immediately forfeited when turned over to the County Treasurer. It helps to reduce the blight in your community one property at a time.

20 Lincoln Township RESOLUTION CERTIFIED ABANDONED PROPERTY Public Act 132 of 1999 (Certification of Abandoned Property for Accelerated Forfeiture Act) Which includes the following: Whereas, the governing body of Lincoln Township determines that parcels of abandoned tax delinquent property exists; Whereas, abandoned tax delinquent property contributes to crime, blight, and decay within the Township of Lincoln; Whereas, the certification of tax delinquent abandoned property as Certified Abandoned Property will result in the accelerated forfeiture and foreclosure of certified property under the General Property Tax Act and return abandoned property to productive use more rapidly, thereby reducing crime, blight, and decay within the Township of Lincoln; Therefore, the Lincoln Township body of government hereby notifies residents and owners of property within Lincoln Township that abandoned tax delinquent property will be identified and inspected and may be certified as Certified Abandoned Property under the certification of the Foreclosure under the General Property Tax Act. AYES: NAYS: Adopted: Lincoln Township Supervisor

21 Sample Notice to Post on Property by Feb. 1 st and to mail to last known address of Property Owner County of Midland State of Michigan Township of Jerome Taxpayer of Record Address of Taxpayer Heather Noelle Ellis 344 E Carmel Drive Sanford MI Property ID Number Property Address 2526 N Marvin Dr, Sanford MI Legal Description: T15N R1W LOT 1 EVERLEY SUB. NOTICE OF INSPECTION AND CERTIFICATION OF ABANDONMENT Pursuant to the provisions of the General Property Tax Act as amended by Act 132 of 1999 of the Public Acts of 1999, the Township of Jerome, County of Midland, State of Michigan, has inspected this property and determined that this property is abandoned property. NOTICE OF ACCELERATION OF FORFEITURE AND FORECLOSURE You are hereby notified that if the 2010 taxes levied on this property are returned as delinquent on March 1, 2011 to the treasurer of the county, this property will be immediately subject to accelerated forfeiture and foreclosure and the imposition of the fees set forth in the general property tax act, 1893 PA 206, MCL to , unless an affidavit claiming the property is not abandoned if filed as provided under MCL A copy of this notice was posted on this property on: (Date of posting) A copy of this notice was also sent by first-class mail to the taxpayer of record. (Date of mailing) If you believe this notice has been posted in error or have questions regarding this notice please call your township assessor.

22 Cathy Lunsford Midland County Treasurer