BERRIEN COUNTY TREASURER OFFICE DELAYS PROPERTY FORECLOSURES

By DEBRA HAIGHT
BCR Correspondent

ST. JOSEPH – There was good news amid all the bad last week. State officials announced that they have delayed this year’s property forfeiture redemption deadline from March 31 to May 29.

That means those in danger of losing their homes for failure to pay 2017 property taxes have two months longer to redeem their properties and work out a payment plan, Berrien County Treasurer Bret Witkowski said.

Witkowski, who is leaving his post in early April, relayed the news last week about the foreclosure deadline delay. Rumors of the move began earlier last week and Michigan Gov. Gretchen Whitmer signed an executive order officially making the change on March 18.

Whitmer noted the seriousness of the COVID-19 coronavirus illness, the number of presumptive-positive cases and the earlier executive order she signed on March 10 which declared a state of emergency across Michigan.

“The Emergency Management Act vests the governor with broad powers and duties to ‘cop[e] with dangers to this state or the people of this state presented by a disaster or emergency,’ which the governor may implement through “executive orders, proclamations, and directives having the force and effect of law.” MCL 30.403(1)-(2).”

She noted in her order that the Emergency Powers of the Governor Act of 1945 provides that the governor may promulgate reasonable orders, rules, and regulations to protect life and property or to bring the emergency situation within the affected area under control.

She further noted that some county offices have closed or limited access to county buildings resulting in many county treasurers being unable to process redemption payments or enter into payment plans with property owners to avoid foreclosure.

“To mitigate the spread of COVID-19, protect the public health, and provide essential protections to vulnerable Michiganders, it is reasonable and necessary to temporarily suspend rules and procedures so as to extend the deadline for redemption of property foreclosed for nonpayment of delinquent property taxes.”

The order temporarily suspends the property foreclosure deadline from March 31 to May 29 or 30 days after the termination of the state of emergency-whichever is later. Circuit and trial court judges are urged to amend foreclosure orders to recognize that change.

One area family already had good news this year even before the onset of the COVID-19 pandemic.

Jeremy and Kendra McNees of Benton Harbor were chosen to among those receiving assistance from the Berrien County Hopeful Home Fund. The fund was established by Witkowski two years ago in conjunction with the United Way of Southwest Michigan to help people in danger of losing their homes to foreclosure.

The couple fell behind after Kendra had health problems. “Because of diabetes, Kendra has had both legs amputated, and the couple fell behind on their taxes because of medical bills,” Witkowski said.

The couple and their son moved to this area from Las Vegas several years ago after the death of Jeremy’s grandmother. In addition to Kendra’s health problems, they also had to deal with a hidden mortgage on the home they inherited from Jeremy’s grandmother that was not discovered right away.

He reported that with the donations made to the Hopeful Home fund along with the money they’ve been able to save themselves, the McNees family will be out of foreclosure status for 2020. They will now have breathing room to get caught up on all their debts, he added.

“We want to make sure residents know they can still make tax-deductible donations to the Hopeful Home Fund in care of the United Way, and we want to thank the United Way for caring for this program at no cost,” Witkowski added.

The creation of the Hopeful Home Fund was inspired by Mildred Gray, an 88-year-old who walked over a mile in the City of Niles to sign up for a payment plan. Through the kindness of anonymous donor, her taxes were paid.

Last year, Shannon O’Brien, mother of triplet high school daughters, of Stevensville, received funds from the Hopeful Home Fund to pay her back taxes while Shannon battled breast cancer, which saved her home from foreclosure.

All donations to the fund are tax deductible. Donations should be made to United Way Hopeful Home Fund and sent to United Way of Southwest Michigan, 2015 Lakeview Ave., St. Joseph, MI 49085.

Witkowski has helped set up countless people on payment plans over the last several years and he noted that people can still mail in their payments or put them in the drop box outside the county administration building in St. Joseph during the COVID-19 crisis.

Information provided by Witkowski shows that the county has received an average of $185,789 a month in payments from taxpayers since 2017. Over the same time period, nearly $2.6 million is still owed the county in back taxes and owners of 702 properties are participating in payment plans.

He said the average monthly payment is $264.78. At the same time, an average of $3,654.70 in delinquent taxes are owed. He added that an average of 93 percent of payments on payment plans are paid on time.