Order Michigan Supreme Court
Lansing, Michigan
December 7, 2018 Stephen J. Markman,
Chief Justice
158512 & (15) Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
JSR FUNDING, LLC, Elizabeth T. Clement,
Plaintiff-Appellee, Justices
v SC: 158512
COA: 344681
Oakland CC: 2018-163107-AV
KRISTINA AVANT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED. The
application for leave to appeal the August 24, 2018 order of the Court of Appeals is
considered, and it is DENIED, because we are not persuaded that the questions presented
should be reviewed by this Court.
MARKMAN, C.J. (concurring).
I concur in this Court’s denial order, as the circuit court correctly concluded that the
March 10, 2017 tax payment plan did not constitute a “tax foreclosure avoidance
agreement” pursuant to MCL 211.78q(5) and therefore that the redemption period on the
property expired on March 31, 2017. However, I note that the form used by the Oakland
County Treasurer’s Office to enable a tax payment plan may not clearly explain (a) that
such plan does not constitute a “tax foreclosure avoidance agreement” pursuant to MCL
211.78q(5), and therefore that it does not extend the period of redemption, and (b) that a
single missed payment might under some circumstances result in a taxpayer’s eviction
from the property. See also Lancaster & York, LLC v Oakland Co Treasurer, unpublished
per curiam opinion of the Court of Appeals, issued October 17, 2017 (Docket No. 333064).
I write separately only to suggest that the Treasurer’s Office might consider revising its
form to more clearly explain the effect of entering into a tax payment plan and the
consequences that might arise as a result of even a single missed payment under that plan.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 7, 2018
p1204
Clerk