UNDERSTANDING HOW FORECLOSURES WORK

FORECLOSURE TIMELINE IN MICHIGAN

Day 2-36:

The Lender/Servicer must make LIVE contact with the homeowners who missed their payment to inform the homeowner about loss mitigation options.

Day 45:
The Lender/Servicer must assign a single point of contact to homeowner AND provide written notification of delinquency and loss mitigation options.  The Lender/Servicer will designate an agent/law firm to facilitate negotiations.

During the time between Day 45 and Day 121:
 Lender will often offer help to homeowner through different programs that are available to help get the loan current.  During this time frame the mortgage can often be recovered.

Day 121:
If all attempts to resolve default are unsuccessful and a hardship application is not received, the foreclosure process begins. The Sheriff’s sale date is scheduled and then published in the Berrien County Record under “LEGAL NOTICES” for four (4) consecutive weeks with details of the debt.  Notice of the sale date also gets posted on the property within two (2) weeks of the first publication.

Sheriff Sale Held:
The “Sheriff’s Deed” lists the last date the property can be redeemed. Up until the Sheriff Sale has occurred, the homeowner may still submit a loss mitigation application. – ALL SHERIFF SALE’S ARE HELD AT THE BERRIEN COUNTY COURT HOUSE – 811 PORT ST, ST. JOSEPH, MI 49085 ON THURSDAY’S AT 10AM

Day 121-307:
The homeowner can live in the property, is not required to make payments, can sell or buy back property and should – *maintain the property – *maintain utilities – *maintain insurance. The homeowner must allow the purchaser to inspect the home and all structures during the redemption period.  To redeem the property the borrower must pay the amount bid at the sheriff sale plus interest and fees.

Redemption Period Expires:
 Home Inspections: If an inspection is unreasonably refused or if damage to the property is imminent or has occurred, the purchaser of the property at the Sheriff Sale may immediately begin eviction proceedings to seek possession and terminate the homeowner’s redemption period. Once you move out, the purchaser (normally the lender) may take action to gain possession of the abandoned property.

EVICTION:
 At the end of the redemption period if you have not already vacated the home you will receive a Summons to appear in court. At the hearing, a date is set for the Sheriff to physically remove you from the property, if necessary.

ABOVE INFORMATION IS AVAILABLE FROM:
http://www.michigan.gov/mshda/