Right to 4 weeks of published notice and a posted notice before a sheriff’s sale
MCL 600.3208
In plain words
Most Michigan foreclosures are “by advertisement,” outside court. The notice of sale must be published at least once a week for four weeks in a county newspaper, and a copy must be posted on the property within 15 days after the first publication. The law does not require the notice to be handed to you, so watch for postings and newspaper notices.
Who is protected
Michigan homeowners facing foreclosure by advertisement.
When it applies
- Only in Michigan.
- Only once a sale date is set.
What you can do
Put the deadline on your calendar
Find the notice in the county legal newspaper and mark the sale date.
Deadline: The sale date in the notice (at least 4 weeks after first publication)
Open the toolAsk in writing
Write to the servicer asking for a loss-mitigation review and a reinstatement figure before the sale.
Open the toolRead the Michigan guide
Our Michigan page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- Michigan has no state-law right to reinstate; ask the servicer or check your mortgage.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawNotice of foreclosure by advertisement
MCL 600.3208
What it says: Notice must be published for 4 successive weeks and posted on the premises within 15 days of the first publication.
Read the official texthttps://law.justia.com/codes/michigan/chapter-600/statute-act-236-of-1961/division-236-1961-32/section-600-3208/
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to redeem your home after the sheriff’s sale — usually 6 months
MCL 600.3240(8)
After a Michigan sheriff’s sale you usually still have time to redeem (buy back) the home, and you can generally keep living there. For a home of up to 4 units, the period is 6 months if more than two-thirds of the original loan was still owed; otherwise it is usually 1 year. It can be as short as 30 days if the home is found abandoned.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this rightNo lies or misleading claims by debt collectors
15 U.S.C. § 1692e
A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.
Read this right