As 2009 rolls in, the MAR will continue to meet with new and veteran legislators on both sides of the aisle to craft sound policies affecting the real estate industry. As in 2008, it will be essential to ensure that the REALTOR® community is protected this year as well. The 2008 legislative successes below provide the framework for another prosperous year, and will aide in promoting the REALTOR® industry in Michigan.
Gross Receipts Legislation
Agency Responsibility Act
Mortgage Loan Industry Licensing
As 2009 begins, be sure to familiarize yourself with your MAR board of directors. You can read a personalized comment from your district director in the
Director Comments Archive. The MAR board of directors, has established solid credibility maintained by professional, engaged member volunteers who serve in the best interest of REALTORS® and private property owners. Each director serves as your liason to MAR.
In efforts to better serve our membership, and allow your directors to better communicate with you, MAR has established a new director e-news schedule. You'll receive personalized messages from your district director in January, September and December. These messages will wrap up, and review important events at MAR and NAR, and provide a member prospective on the real estate industry.
The 2009 Board of Directors will be installed at the Achieve & Inaugural Gala taking place January 22-23 at the Radisson Plaza Hotel & Suites in Kalamazoo. Whether you want a chance to meet with the leaders of MAR, or if you're looking to become more involved and take part in knowledge sessions directed towards leaders, Achieve is the place to be.
Register today!
The IRS last week announced an expedited process that will make it easier for financially distressed homeowners to avoid having a federal tax lien block refinancing of mortgages or the sale of a home. Taxpayers or their representatives, such as their lenders, may request that the IRS make a tax lien secondary to the lien by the lending institution that is refinancing or restructuring a loan. Taxpayers or their representatives may request that the IRS discharge its claim if the home is being sold for less than the amount of the mortgage lien under certain circumstances. Currently, there are more than 1 million federal tax liens outstanding tied to both real and personal property.
Read more
MAR Member, Andrea Galloup with Real Estate One, Inc. in Traverse City is the first REALTOR® in the state of Michigan to receive the National Association of REALTORS® Green Designation. Andrea achieved this prestigious designation after completing 18 hours of course work designed specifically for REALTORS®. The courses were created in collaboration with a multidisciplinary team of industry experts from across the country, ensuring designees gain comprehensive knowledge of green homes and buildings and issues of sustainability in relation to real estate.
NAR’s Green Designation was developed in response to growing consumer awareness of the benefits of resource-efficient homes and buildings. The designation helps consumers who care about energy efficiency and sustainable building practices identify REALTORS® who can help them realize their green real estate and lifestyle goals. To learn more about receiving a Green Designation, visit NAR’s
Web Site.
With the help of McClelland & Anderson, we are taking the most commonly asked questions from our legal hotline and putting them in e-news. We will be featuring a different question each issue.
QUESTION: I represent a seller whose mortgage is in default and who has a foreclosure sale coming up. We have received numerous offers on the property but we need the lender’s approval on what will certainly be a short sale. I was told to have the seller accept all of the offers and present them all to the seller’s bank for its consideration. Is this permissible?
ANSWER: A purchase agreement, which is contingent upon the sellers’ bank’s approval, is in many ways the same as a purchase agreement that is contingent upon the purchasers’ bank’s approval. In both situations, there is an implied obligation on the part of the sellers or buyers to do all they can to obtain their bank’s approval. There is a strong argument that each purchase agreement accepted by the sellers would constitute a binding purchase agreement subject to satisfaction of any contingencies. In order to avoid problems, a seller who wants to sign more than one offer may wish to include a statement along the lines of: “This agreement shall not be binding on the seller unless approved by sellers’ mortgagee. Sellers shall have the right to present more than one contract for their mortgagee’s consideration.” Keep in mind, however, that if the contract is not binding on the sellers, it is probably not binding upon the buyers either.
Visit MAR's Legal Update Center to View the Legal Update Video Series
Effective December 1, 2008, bariatric surgery (including pre- and post-surgical procedures and services associated with it) is no longer covered under Blue Cross individual policies.
This change results from a recent review of certificate language. Blue Cross won't seek recovery from providers or members for bariatric surgery-related reimbursements already paid.
If you have a group Blue Cross plan, you are not affected by this change.
If you are covered through the MAR member program, and have any questions about this, you can call Priscilla Adkins at Group Associates (248 593-2810, or 800 342-8908 x 2810).
As always, if you are interested in learning about the Blue Cross programs offered through MAR, you can also contact Priscilla.
Group Associates, Inc, MAR's group administrator for Blue Cross Blue Shield Michigan insurance programs, provides expert advice and one-on-one consulting to give qualified members the best possible value on insurance.
Comprehensive major medical plans with various deductibles
No medical requirements
Pre-existing conditions covered after six months