Michigan Foreclosure Question?

Question:

In Michigan, what is the legal timeline for notification of sale date on a foreclosure? If an attorney dates a letter February 26, but the letter is postmarked March 3, can a sale date of March 29 legally be set? I have a friend going through this and I though they were supposed to have 28 business days minimum between notification and sale.

Answer:
You'd have to find out where else the notice of sale was published. It may have been posted at the courthouse or elsewhere in the 28 day time-frame.

The sale process in Michigan requires the notice of sale to be published for four (4) consecutive weeks in a newspaper that is generally circulated in the county in which the property is located. Also, the notice must be posted on the property within fifteen (15) days of the first newspaper publication.

Find out if those requirements have been met, and have the property owner contact an attorney if they haven't been met. All that might happen is the sale is postponed -- not stopped or cancelled. So there better be an option to stop the foreclosure process lined up, or else a few week postponement might not help.

Michigan also has a 6-month right of redemption after the sheriff sale, in which the property owner would be able to remain in the house and try to find an alternative to losing the home. So the sheriff sale might not be the end of the world, but avoiding foreclosure would be the best option anyway.

Good luck with your friend.

ForeclosureFish
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Michigan Foreclosure Question?

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