Home > Uncategorized > Michigan Senate Bill: Owner of Real Property Owes No Duty to Trespasser

Michigan Senate Bill: Owner of Real Property Owes No Duty to Trespasser

Back in February I posted an update on real estate legislation in Michigan, including Senate Bill  788, a proposed bill that would provide that an owner of an interest in real property would generally owe no legal duty to a trespasser. You can see that proposed Bill Here


The Senate Judiciary Committee is Meeting tomorrow, April 30, 2014 to consider this bill.  You can take a look at that information, and track the progress of this and other bills here. It will be interesting to see if this gets approved in its current version.


As a general point, Michigan law has generally held that the “possession rights” in foreclosed real property  belong to the owner/borrower/mortgagor up through the expiration of the redemption period.


This Bill and others recently passed have shown an understanding by the legislature that there certain problems that can and do arise associated with vacant property; particularly during this odd time period between foreclosure of a mortgage, and through the redemption period.


These bills recognize  a homeowner’s “equity of redemption” – but at the same time, minimize the harm caused when a homeowner has no intention of redeeming the property.



Questions? Comments?


Email me: Jeshua@dwlawpc.com

call: (616) 454-3883



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