Kevin McLean, an Associate with Creighton McLean & Shea, PLC, worked in conjunction with SADO (State Appellate Defender's Office) while he was a student at the University of Detroit Mercy School of Law. During the Fall 2015 term, Kevin wrote a brief for the Michigan Court of Appeals challenging computer and internet restrictions imposed on a SADO Clinic client as a condition of that client's probation. The Court of Appeals initially denied leave to appeal, however, the Michigan Supreme Court remanded the case for review by the Court of Appeals.
What is a Property Transfer Affidavit?
A Property Transfer Affidavit is a form that notifies the local taxing authority of a transfer of ownership of real estate. It is required by law, so that the local taxing authority knows (a) who owns the property, (b) where to send the tax bill, (c) whether the property is entitled to the lower "homestead" tax rate, and (d) whether it is time to adjust (or "uncap") the property taxes. The law requires a new owner to file this within 45 days after a transfer of ownership. Generally, a transfer will cause the property taxes to be "uncapped," but there are many exceptions to that rule. If you fall under one of those exceptions, and you select the correct exception on the form, you may be able to avoid a property tax increase. But the law is very precise; we recommend that you consult with an experienced real estate lawyer at Creighton McLean & Shea PLC whenever you transfer property, to be sure you tax advantage of any exception that you may be entitled to.
