# Michigan Homestead and Land Sovereignty Protection Act

## Section 1. Short Title

This Act shall be known as the “Michigan Homestead and Land Sovereignty Protection Act.”

## Section 2. Legislative Purpose

The purpose of this Act is to:
a. Protect Michigan residents from unjust foreclosure practices;
b. Preserve generational land ownership;
c. Prevent forced displacement caused by excessive taxation or predatory lending;
d. Distinguish between ownership interests involving land and ownership interests involving physical structures;
e. Ensure due process and fair compensation before any forced seizure or removal action involving a homestead.

The Legislature finds that the permanent loss of family land creates long-term economic instability, destroys generational wealth, and weakens local communities.

## Section 3. Definitions

1. “Homestead Property” means a primary residence occupied by a Michigan resident for no less than twelve consecutive months.

2. “Land Interest” means the soil, acreage, mineral rights, natural resources, and permanent territorial rights associated with a parcel.

3. “Structural Interest” means the physical residential or commercial building, improvements, fixtures, or constructed property situated upon the land.

4. “Protected Homestead Owner” means a Michigan citizen or lawful resident holding title to a homestead property.

5. “Foreclosing Entity” means any bank, lender, creditor, tax authority, or governmental body initiating foreclosure or seizure proceedings.

## Section 4. Separation of Land and Structural Interests

1. For purposes of foreclosure protection under Michigan law, land ownership rights and structural ownership rights shall be treated as legally distinguishable interests.

2. A lien or foreclosure judgment involving a residential mortgage may attach only to the structural interest unless:
a. The owner expressly waived land protections in writing under separate notarized disclosure;
b. Fraud or criminal conduct involving the property is proven in court.

3. No automatic transfer of underlying land ownership shall occur solely because of structural foreclosure proceedings.

## Section 5. Homestead Land Protections

1. No homestead land interest under twenty acres shall be permanently seized for:
a. Delinquent property taxes below statutory felony thresholds;
b. Consumer debt;
c. Medical debt;
d. Non-commercial civil judgments.

2. Taxing authorities shall first offer:
a. Payment restructuring;
b. Hardship review;
c. Tax stabilization plans;
d. Senior citizen deferment programs;
e. Veteran hardship protections.

3. Forced sale of protected homestead land shall require:
a. Judicial review;
b. Proof that all alternatives were exhausted;
c. Approval by a constitutional review court.

## Section 6. Structural Foreclosure Procedures

1. A foreclosing entity may seek possession of the structural interest only after:
a. Court-supervised mediation;
b. Mandatory financial review;
c. Independent audit of lending practices;
d. Verification that no predatory conduct occurred.

2. If the foreclosing entity seeks physical removal, relocation, demolition, or transfer of the structure while retaining or disturbing the land interest, the foreclosing entity must:
a. Purchase the protected land interest at no less than two hundred percent of the fair market value of the structure;
b. Compensate the owner for relocation damages;
c. Compensate for emotional and economic hardship as determined by the court.

## Section 7. Restriction on Forced Tax Levies

1. No state or local authority may place a forced levy upon:
a. Primary food-producing homestead land;
b. Owner-occupied residential land under protected status;
unless fraud, organized criminal activity, or commercial tax evasion is proven.

2. Property tax increases exceeding statutory annual thresholds shall require:
a. Public notice;
b. County-level transparency hearings;
c. Citizen review availability.

## Section 8. Consumer and Lending Protections

1. Any mortgage contract involving a protected homestead must include:
a. Plain-language disclosures;
b. Foreclosure risk summaries;
c. Mandatory counseling options.

2. Variable-rate loans targeting primary residences shall be heavily restricted.

3. Hidden fee structures, deceptive refinancing practices, and unlawful compounding penalties shall constitute predatory lending.

## Section 9. Constitutional Oversight and Due Process

1. No seizure, levy, foreclosure, demolition, or transfer involving protected homestead property shall occur without:
a. Full judicial proceedings;
b. Right to counsel;
c. Independent appraisal review;
d. Recorded public findings.

2. Emergency seizure authority is prohibited except where:
a. Public safety is immediately threatened;
b. Criminal activity is proven;
c. Environmental hazards create imminent danger.

## Section 10. Citizen Land Rights Review Board

1. A Michigan Citizen Land Rights Review Board shall be established to:
a. Investigate foreclosure abuse;
b. Audit county seizure practices;
c. Review predatory tax assessments;
d. Recommend enforcement actions.

2. The Board shall publish annual transparency reports.

## Section 11. Penalties for Abuse

1. Any institution or official found guilty of:
a. Fraudulent foreclosure;
b. Predatory seizure practices;
c. Intentional unlawful tax assessment;
d. Falsification of valuation records;
may face:
i. Civil liability;
ii. Loss of operating licenses;
iii. Restitution damages;
iv. Criminal prosecution under Michigan law.

## Section 12. Federal and Constitutional Compliance

1. Nothing in this Act shall be interpreted to:
a. Override the Constitution of the United States;
b. Eliminate lawful federal authority;
c. Prevent federally required enforcement actions.

2. Michigan shall assert the maximum authority permitted under the Tenth Amendment and state constitutional powers to protect homeowners and homestead land rights.

## Section 13. Effective Date

This Act shall take effect one hundred eighty days after enactment.