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JJB H05171'25 u_HB6198_INTR_1 ri5pqd
HOUSE BILL NO. 6198
A bill to amend 1846 RS 81, entitled
"Of fraudulent conveyances and contracts, relative to goods,
chattels, and things in action,"
by amending section 2 (MCL 566.132), as amended by 2020 PA 63.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) In the following cases an agreement, contract, or 1
promise is void unless that agreement, contract, or promise, or a 2
note or memorandum of the agreement, contract, or promise, is in 3
writing and signed with an authorized signature by the party to be 4
charged with the agreement, contract, or promise: 5
July 03, 2026, Introduced by Reps. Fairbairn and Tisdel and referred to Committee on Finance.
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JJB H05171'25 u_HB6198_INTR_1 ri5pqd
(a) An agreement that, by its terms, is not to be performed 1
within 1 year from the making of the agreement. 2
(b) A special promise to answer for the debt, default, or 3
misdoings of another person. 4
(c) An agreement, promise, or undertaking made upon 5
consideration of marriage, except mutual promises to marry. 6
(d) A special promise made by a personal representative to 7
answer damages out of his or her the personal representative's own 8
estate. 9
(e) An agreement, promise, or contract to pay a commission for 10
or upon the sale of an interest in real estate. 11
(f) An assignment of things in action, whether intended as a 12
transfer for sale, for security, or otherwise. 13
(g) An agreement, promise, contract, or warranty of cure 14
relating to medical care or treatment. This subdivision does not 15
affect the right to sue for malpractice or negligence. 16
(2) A person shall not bring an action against a financial 17
institution to enforce any of the following promises or commitments 18
of the financial institution unless the promise or commitment is in 19
writing and signed with an authorized signature by the financial 20
institution: 21
(a) A promise or commitment to lend money, grant or extend 22
credit, or make any other financial accommodation. 23
(b) A promise or commitment to renew, extend, modify, or 24
permit a delay in repayment or performance of a loan, extension of 25
credit, or other financial accommodation. 26
(c) A promise or commitment to waive a provision of a loan, 27
extension of credit, or other financial accommodation. 28
(3) A person shall not bring an action to enforce an 29
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JJB H05171'25 u_HB6198_INTR_1 ri5pqd
agreement, promise, or contract to pay a commission for or upon the 1
sale of an interest in real estate against the owner or purchaser 2
of the real estate unless the agreement, promise, or contract is in 3
writing signed by the party to be charged. 4
(4) As used in this section, "financial institution" means a 5
any of the following: 6
(a) A state or national chartered bank. , a 7
(b) A state or federal chartered savings bank or savings and 8
loan association. , a 9
(c) A state or federal chartered credit union. , 10
(d) For 6 months after the effective date of the residential 11
mortgage licensing and supervision act, a person licensed or 12
registered under the mortgage brokers, lenders, and servicers 13
licensing act, 1987 PA 173, MCL 445.1651 to 445.1684, or the 14
secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81, or 15
an affiliate or subsidiary thereof.of the person. 16
(e) Beginning on the effective date of the residential 17
mortgage licensing and supervision act, a person licensed under the 18
residential mortgage licensing and supervision act, or an affiliate 19
or subsidiary of the person. 20
Enacting section 1. This amendatory act does not take effect 21
unless House Bill No. 6177 (request no. H05171'25) of the 103rd 22
Legislature is enacted into law. 23