Michigan Foreclosure Law Summary
Stop Michigan Foreclosure
Quick Facts
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instruments: Deed of Trust, Mortgage
- Timeline: Typically 60 days
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Varies
In Michigan, lenders may foreclose on deeds of trusts or mortgages
in default using either a judicial or non-judicial foreclosure process.
Judicial Foreclosure
In judicial foreclosure, a court decrees the amount of the borrowers
debt and gives him or her a short time to pay. If the borrower fails to pay within
that time, then the court will issue a notice of sale.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of
sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the
clause in a deed of trust or mortgage, in which the borrower pre-authorizes the
sale of property to pay off the balance on a loan in the event of the their default.
In deeds of trust or mortgages where a power of sale exists, the power given to
the lender to sell the property may be executed by the lender or their representative,
typically referred to as the trustee. Regulations for this type of foreclosure process
are outlined below in the "Power of Sale Foreclosure Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause
and specifies the time, place and terms of sale, then the specified procedure must
be followed. Otherwise, the non-judicial power of sale foreclosure is carried out
as follows:
- A notice of sale must be published once a week for four (4)
in a newspaper of general circulation in the county where the property is located.
The notice must also be posted on the property at least fifteen (15) days after
the first notice of sale is published.
- The notice must contain the borrower and lenders name, a
description of the property, the terms of the sale and the time, place and date
of the sale.
- The sale must be made at public auction to the highest bidder.
The trustee or the sheriff of the county, if different, may conduct the sale
between the hours of 9:00 am and 4:00 pm on the date specified in the notice
of sale.
- The sale may be postponed by posting a notice at the time
and place where the sale was to originally be held. If the postponement is for
more than one week, it must also be published in the manner as the original
notice of sale was given.
More
information on Michigan foreclosure laws.
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