PA 123 “Foreclosure Stabilization Fund”

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Presentation transcript:

PA 123 “Foreclosure Stabilization Fund” Mact winter 2019 conference Sherry Comben, antrim county treasurer anne giroux, marquette county treasurer

Always refer to the MCL!!!!!! Legislature.mi.gov 211.78m……..211.78m…………211.78m……….211.78m…………211.78m

Accounting for revenues & expenses within the Foreclosure Stabilization Fund Michigan.gov/treasury Local Government Local Government Financial Services Accounting & Auditing – Numbered Letters Balderman Numbered Letters: 2000-8 2001-5 2002-2

Revenues & Expenses– per Balderman numbered letters 2001-5 and 2000-8 DTRF – new fund every year Revenues Admin fee Interest Inspection fee Publication fee Title work fee Sale of property Expenses Inspection expense Publication expense Title work expense Staff expense? Transfer to Land Bank? Transfer to GF Transfer to other? tb

Revenues & Expenses– per practice by some Treasurers DTRF Foreclosure Stabilization Revenues Admin fee Interest Expenses Misc. Transfer to GF Transfer to other? Revenues Inspection fee revenue Publication fee revenue Forfeiture fee revenue Sale of property Expenses Inspection expense Publication expense Title work expense Staff expense? Transfer to Land Bank? tb tb

Land Sales Proceeds Report 211.78m (8) (h) (h) In 2008 and each year after 2008, if the foreclosing governmental unit is not this state, not later than June 30 of the second calendar year after foreclosure, the foreclosing governmental unit shall submit a written report to its board of commissioners identifying any remaining balance and any contingent costs of title or other legal claims described in subdivisions (a) through (f). All or a portion of any remaining balance, less any contingent costs of title or other legal claims described in subdivisions (a) through (f), may subsequently be transferred into the general fund of the county by the board of commissioners.

Land Sales Proceeds Report, cont. Regardless of how you are accounting for your Foreclosure Stabilization activity, you will likely need to extract the numbers that you report to the board. You do not need to report excess fee revenue You ought to set aside adequate funds for potential unknown claims; how do you determine this?

Which funds are restricted? Auction proceeds are restricted funds. After two years the county board can opt to transfer them to the general fund. What about excess fee revenue? The Treasurer determines the surplus in the DTRF. The surplus “is under the control of the board of commissioners. The surplus may be accumulated to reduce or avoid future borrowings, or expended for other purposes as authorized by the board of commissioners.” (Balderman 2001-5)