New Michigan Bill Regarding Foreclosure Advertisement

Alicia Schaub

On December 12, 2019, Governor Whitmer signed a House Bill into law regarding foreclosure advertisement by adding additional requirements to the notice of foreclosure.

The law currently requires that a notice of foreclosure by advertising to be published in a local newspaper and contain information regarding the foreclosure by sale of the property. This notice must be published at least once a week, for four consecutive weeks. The notice must contain information as to the names of the parties to the mortgage, a description of the property, and the current amount due under the mortgage.

Effective January 11, 2020, a notice of foreclosure by advertisement must ALSO include the following:

  • The street address of the property *However, the validity of the notice and eventual sale would not be affected by a wrong or missing street address*;
  • The name, address, and telephone number of the attorney for the party foreclosing the mortgage;
  • For a residential mortgage, a statement addressed to the homeowner which states “Attention Homeowner: If you are a military service member on active duty, if your period of active duty has concluded less than 90 days ago, or if you have been ordered to active duty, please contact the attorney for the party foreclosing the mortgage at the telephone number stated in this notice.”; and
  • A statement in the following form: “Notice of foreclosure by advertisement. Notice is given under section 3212 of the revised judicature act of 1961, 1961 PA 236 MCL 600.3212, that the following mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at a public auction sale to the highest bidder for cash or cashier’s check at the place of holding the circuit court in _______ County, starting promptly at (time), on (date). The amount due on the mortgage may be greater on the day of the sale. Placing the highest bid at the sale does not automatically entitle the purchaser to free and clear ownership of the property. A potential purchaser is encouraged to contact the county register of deeds office or a title insurance company, either of which may charge a fee for this information.”

The entire Bill can be found at http://legislature.mi.gov/doc.aspx?2019-HB-4306. Please seek an attorney for any foreclosure related questions.

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