Michigan Laws 565.870 – Refusal to remove prohibited restrictions; liability; costs and attorney fees
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Terms Used In Michigan Laws 565.870
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity. See Michigan Laws 565.862
- Prohibited restriction: means a restriction, covenant, or condition, including a right of entry or possibility of reverter, that purports to restrict occupancy or ownership of property on the basis of race, color, religion, sex, familial status, national origin, or other class protected by the fair housing act, title VIII of the civil rights act of 1968, Public Law 90-284, in a deed or other instrument. See Michigan Laws 565.862
(1) A person that refuses, before recording, to remove from a deed or other instrument a prohibited restriction is liable for all actual court costs and reasonable attorney fees incurred in an action before a court of competent jurisdiction to enforce the provisions of this act.
(2) Subsection (1) does not apply to a register of deeds or an employee of a register of deeds.