Summary of Michigan's Foreclosure Laws

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If you are facing foreclosure in Michigan, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Michigan
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Michigan foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic State Rule
Common type of foreclosure process Nonjudicial: under power of sale in deed of trust
Time to respond Foreclosing party must publish notice once a week for four consecutive weeks before sale and post a notice on property within at least 15 days of first publication. No notice need be mailed to homeowner.
Reinstatement of loan before sale Nonjudicial: no
 Judicial: allowed any time before sale
Redemption after sale If homeowner occupies property and more than two-thirds of the original mortgage is still owed, redemption allowed for six months. If less than two-thirds is owed, the redemption period is one year. If the property is abandoned and at least two-thirds of the mortgage is still owed, redemption period is one to three months. Mich. Comp. Laws § 600.3240
Special protections for foreclosures involving high-cost mortgages None
Special state protections for service members Mich. Comp. Laws §§ 32.517, 600.3185, 600.3285
Deficiency judgments Yes, if the mortgage holder buys the property at the foreclosure sale.
Cash exempted in bankruptcy About $11,000 for one person, $22,000 for a married couple under federal bankruptcy exemptions
Notice to leave after house is sold Nonjudicial: no special provisions for evictions following a foreclosure. New owner will likely have to go to court to get an eviction order. Court-ordered evictions usually take two weeks to a month, depending on whether or not former owner responds to the lawsuit.
 Judicial: Judge may order possession to new owner when redemption period ends, if house has not been redeemed.
Foreclosure statutes Mich. Comp. Laws §§ 600.3101 to 600.3180, 600.3201 to 600.3285

by: , J.D.

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