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Michigan Statute Describing the Requirements of the Notice of Foreclosure Has Been Amended

Effective January 11, 2020, MCL 600.3212, the Michigan statute describing the requirements of the Notice of Foreclosure has been amended to include added required language.
Michigan Statute Describing the Requirements of the Notice of Foreclosure Has Been Amended

By ALFN Member: Randall S. Miller, President, Randall S. Miller & Associates

Effective January 11, 2020, MCL 600.3212, the Michigan statute describing the requirements of the Notice of Foreclosure has been amended to include added required language. In addition to the previously required information, the statute now requires that the publication include:
  • The street address for the property being foreclosed;
  • The name, address and phone number of the attorney conducting the foreclosure;
  • For a residential mortgage, a statement in the following form "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"
  • 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 statute also now prohibits the party foreclosing the mortgage from publishing the Notice of Foreclosure in a newspaper in which the party foreclosing, or its agent, has a majority share.

Click here for a copy of the statute as amended

INDUSTRY IMPACT: WHAT IT MEANS FOR SERVICING
While these changes will not impact timelines or costs, servicers should be aware of the changes when auditing Michigan law firm files, as the language and format of all future publications will be different.