TitleBytes News & Happenings

June 2022 Legislative Update

By: Matt Sowash

The Michigan Legislature is working toward finalizing the State’s FY 2023 budget. While the fiscal year does not start until October 1, there is a statutory requirement to have a state budget in place by July 1. This is especially important for school districts as their fiscal year starts July 1. Items that continue to be negotiated between the House, Senate, and governor revolve around different tax cuts. These discussions have included implementing pension tax credits, a gas tax holiday, earned income tax credits, as well as several other tax relief options. They are also negotiating on debt paydown, with the House proposing over $1 billion to help stabilize underfunded local government pension systems. They are also negotiating on how to best utilize the surplus state revenue and spend the remaining federal money.

The Michigan House recently passed House Bill 4416, which was introduced by Rep. Sarah Anthony (D-Lansing). The bill prohibits the recording of deeds that contain certain restrictive covenants or conditions. These prohibited restrictions include any condition in a deed that restricts occupancy or ownership based on race, color, religion, sex, national origin, familial status, or other class protected by the Federal Fair Housing Act. MLTA worked with the sponsor to add language to the bill specifying a title company would not be required to inspect a deed prior to filing to determine whether recording it would violate the act. Additionally, language was added to ensure title companies would not be held liable if a deed was filed that included a restricted covenant. The bill passed the House 105-0 and was referred to the Senate Local Government Committee.

Lastly, as you may remember, MLTA successfully passed House Bill 5449. Sponsored by Representative TC Clements (R-Temperance), the bill streamlines the affidavit of affixture (AOA) process for mobile homes, as well as provides a statutory path for securing an AOA for a mobile home that has a lost or missing title. If you have a missing mobile home title, this new law is now in effect. You can find the affidavit, and application for a AOA, on the Michigan Department of State’s website here:

· Affidavit of Affixture of Mobile Home Application
· Affidavit of Missing Mobile Home Title

In our communications with the Department of State, they are trying to centralize this AOA process within their Lansing central office. Because of that, they are asking these applications to be mailed to the following address:

Michigan Department of State
Office of Customer Records
Vehicle Records Activity Unit
PO Box 30045
Lansing, MI 48909-9798

I look forward to seeing many of you at the MLTA Annual Convention!