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Course 1100 Series Michigan
Real Estate Continuing Education
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We've issued the following Course 1100 Series
updates after the date the course manuals were created. Please
incorporate this new information into your presentations.
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Course 1100 Series Instructors: Are you
conducting Course 1100 Series classes for a sponsor who licenses
the course? If so, would you like to receive our email updates
directly? Simply email your request to
staff@glrsonline.com. Type "Course 1100 Series
Updates" in the Subject line. Also, include in your message the
name(s) of the sponsor(s) for whom you're instructing.
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Update No. 01 (Replaced by Update No. 05 below)
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Update No. 02 (Replaced by Update No. 06 below)
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Update No. 03
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Module 4: Federal Laws and Rules Update
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November 23, 2009
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Word Version
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Replacement Slide #57
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This update pertains to the Chinese
Drywall topic on pages 60-62 of Course 1100-24.
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The text states on pages 61 and 62 that, as of
mid-2009, the Consumer Product Safety Commission (CPSC) had
received more than 460 reports from homeowners in 19 states, but
that it had not received any reports from Michigan residents.
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In November 2009, the CPSC announced that it
had to-date received approximately 1,900 reports from homeowners
in 30 states (including Michigan) and the District of
Columbia who believe that their health symptoms and the
corrosion issues in their homes are related to the presence of
Chinese drywall.
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We've posted a replacement PowerPoint slide
#57 above that includes all 30 reporting states.
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Update No. 04
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Module 4: Federal Laws and Rules Update
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December 29, 2009
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Word Version
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This update pertains to the Mortgage
Fraud Update - Federal
topic on pages 63-66 of Course 1100-24, and specifically to the
Home Valuation Code of Conduct subtopic on pages 64-66.
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The text states on page 66 that HUD has
adopted similar appraisal rules for FHA-insured loans effective
for all case numbers assigned on or after January 1, 2010. HUD
has now delayed implementation of the new rules until February
15, 2010 for all case numbers assigned on or after that date.
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Update No. 05 (replaces Update No. 01)
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Module 4: Federal Laws and Rules Update
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May 3, 2010
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Word Version
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This update pertains to the Chinese
Drywall topic on pages 60-62 of Course 1100-24, and
replaces Update No. 01 issued on November 16, 2009. This is an
informational update only; it doesn't modify the material
contained in the course manual.
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In November, 2009, approximately 600 "Chinese
drywall" cases from across the country were consolidated and
assigned to a federal court in Louisiana. The court immediately
scheduled seven of the lawsuits for trial; the purposes for
doing so were to test both the plaintiffs' theories of liability
and the defendants' defenses, and to resolve some of the pending
litigation or simplify some of the issues.
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The lawsuits were brought against five drywall manufacturers. However, all
defendants were in China, only one was actually served with the complaint,
and that defendant never appeared in court to defend itself. The seven plaintiffs
then moved for a default judgment. |
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On April 8, 2010, the US District Court for the Eastern District
of Louisiana issued a judgment finding that the drywall had
caused extensive damage within the plaintiffs' homes. The court
ordered removal and replacement of all drywall, replacement of
the electrical and HVAC systems, and inspections certifying the
homes as habitable. The court also awarded over $2.6 million in
damages to the seven plaintiffs. In re Chinese Mfrd Drywall Prod Liab Litig, No 09-6687, MDL No 2047 (ED La Apr 8, 2010).
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Update No. 06
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Module 4: Federal Laws and Rules Update
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June 9, 2010
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Word Version
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This update pertains to the FTC Red
Flags Rule topic on pages 67-69 of Course 1100-24. The
text states that the effective date of the Rule was
November 1, 2009. The FTC, at the request of Congress, later
extended the compliance date to June 1, 2010. It has now further
extended the compliance date to January 1, 2011.
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Update No. 07
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Module 1: Michigan Laws and Rules Update
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June 30, 2010
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Word Version
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This update pertains to the Mortgage Fraud Update - Michigan
topic on pages 7-8 of Course 1100-24, and specifically to the Mortgage Loan Officer
Licensing subtopic on page 8.
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The text notes that, as it pertains to the S.A.F.E. Act: "Without
amending legislation …, sellers who finance the sale of a one-to-four unit residential property
they didn't occupy as a residence must be licensed as loan officers for transactions conducted on
or after July 31, 2010!" |
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On June 29, 2010, Michigan's Office of Financial and Insurance Regulation
(OFIR) issued a document titled SAFE Act FAQs, which states:
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Subject to a final rule by HUD to the contrary, OFIR doesn't currently
consider a land contract to be included in the definition of "residential mortgage
loan." Thus, it appears that the S.A.F.E. Act does not apply to sellers who
finance a sale using a land contract.
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A seller who provides financing in the form of a residential mortgage
loan must be licensed. Therefore, the S.A.F.E. Act does apply to sellers who
finance a sale using a purchase money mortgage. |
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Subject to a final rule by HUD to the contrary, OFIR doesn't currently
consider a lease with option-to-buy to be included in the definition of "residential
mortgage loan." Thus, it appears that the S.A.F.E. Act does not apply to
sellers who enter into such agreements with buyers.
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Update No. 08
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Module 2: Real Estate Related Case Law
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July 28, 2010
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Word Version
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This update pertains to the Tenancy by the Entirety
topic on pages 30-31 of Course 1100-24, and specifically to the
Tkachik v Mandeville case summarized there.
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In an unprecedented decision filed July 27,
2010, the Michigan Supreme Court reversed the decision by the
Michigan Court of Appeals as summarized, and ruled that the
surviving husband was obligated to his deceased wife's estate
for his share of the expenses that the wife incurred on the
entireties properties from the time he abandoned her and until
her death:
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"…Janet made
those payments to preserve the undivided interest in the
properties that she and her husband shared. Failure to make
these mortgage and tax payments would have resulted in the loss
of the properties to foreclosure. Simply put, but for Janet's
payments, there would be no property to pass to defendant by
operation of law…."
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Tkachik v Mandeville, No 138460
(Mich Sup Ct July 27, 2010).
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