Michigan Foreclosure Laws

Michigan Foreclosure Laws

authorWritten by Manuel Martinez, RealtyTrac contributorPublished Jun 6, 2013

Last updated

Key Takeaways

  • Michigan foreclosures are primarily handled out of court.
  • The process can take 3-14 months; the typical foreclosure takes about eight months.
  • The sale notice runs weekly for four weeks, and the sale is at least 28 days after first publication.
  • The redemption period typically runs six months from the sale date.

Foreclosure Process Overview

Michigan foreclosures are primarily handled out of court. The foreclosure process can take 3-14 months depending on the length of the redemption period. The typical foreclosure takes about eight months.

Judicial Non Judicial Comment Process Period Publish Sale Redemption Period Sale/NTS
• Non-judicial only 60 days 30 days 30-365 days Sheriff

Pre-foreclosure Period

Court foreclosures are permitted in Michigan; however, most mortgages contain a clause enabling a lender to sell a property out of court once a borrower defaults. While Michigan law does not require that a lender send out a default notice to the borrower before scheduling a foreclosure sale, the mortgage may require the notification. The borrower’s right to stop the foreclosure by paying off the default is also dictated by the mortgage.

Notice of Sale / Auction

The foreclosure sale usually occurs about two months after the lender starts the foreclosure process. A notice of sale is published once per week for four weeks in a local newspaper, and the sale may not be less than 28 days from the first publication date. The notice is also posted on the property during the publication period. The notice of sale must contain the lender and borrower names, mortgage information, the default amount, a legal description of the property, and the length of the redemption period.

A trustee or sheriff conducts the public auction between 9:00 a.m. and 4:00 p.m., usually at the county courthouse. Anyone may bid, and the property is sold to the winning bidder. The sale may be postponed by posting a notice of adjournment at the time and location of the sale.

The person conducting the sale completes the necessary documents to transfer ownership to the winning bidder at the sale, and those documents must state the redemption expiration. The redemption period varies, but typically runs six months from the foreclosure sale date. During this time, the borrower can redeem the property by paying the winning bid amount and applicable costs.

Frequently Asked Questions

How long does foreclosure take in Michigan?

It can take 3-14 months depending on the redemption period, with a typical foreclosure taking about eight months.

Can you redeem a home after a Michigan foreclosure sale?

Yes. The redemption period typically runs six months from the sale, and the borrower must pay the winning bid amount plus applicable costs.

Sources & References

Outside sources cited in this article.

  1. MCL 600.3208: Foreclosure by advertisement; notice of sale, Michigan Legislature
  2. MCL 600.3240: Redemption of premises after foreclosure sale, Michigan Legislature
Manuel Martinez

About the author: Manuel Martinez

RealtyTrac contributor

Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.

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