Foreclosure and tax sales in Michigan
What our research shows about Michigan's rules. General information with sources — not legal advice, and not a reading of your papers.
How foreclosure works
- Usual process
- Nonjudicial (out of court)
Foreclosure “by advertisement”: notice is published and posted; the law does not require personal notice to you.
- Allowed processes
- Judicial (through court) · Nonjudicial (out of court)From a reputable summary[1]
- Main statutes
- MCL 600.3208; MCL 600.3212; MCL 600.3216; MCL 600.3240; MCL 600.3280From a reputable summary[1]
- Typical length (estimate)
- Not researched yet for this state.
The usual timeline
- +At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1) Notice of default or breach letter
No state-law cure notice before foreclosure by advertisement; your mortgage may require a breach letter, and federal rules require 120+ days of delinquency.
From a reputable summaryNotice of sale — at least 28 days before the sale
Notice is published at least once a week for 4 successive weeks in a county newspaper, and posted on the property within 15 days after the first publication.
Checked against the official textMCL 600.3208- +At least 28 days
Foreclosure sale
Public auction at the county courthouse between 9:00 a.m. and 4:00 p.m.
From a reputable summary - +At least 180 days
Redemption window (at least 180 days in the shortest common case)
After the sale: 6 months for a 1–4 unit home if more than two-thirds of the original loan was still owed; otherwise generally 1 year; 30 days (or 1 month) if the home is found abandoned. You may usually stay in the home during redemption.
Checked against the official textMCL 600.3240
A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.
Notices and the sale
- Notice before foreclosure
- No state-law cure notice before foreclosure by advertisement; your mortgage may require a breach letter, and federal rules require 120+ days of delinquency.From a reputable summary[1]
- Notice of sale
- At least 28 daysNotice is published at least once a week for 4 successive weeks in a county newspaper, and posted on the property within 15 days after the first publication.
The timeline uses 28 days (4 weekly publications) as the shortest notice period.
- Publication
- County newspaper once a week for 4 successive weeks; posting on the property within 15 days of the first publication.Checked against the official text[3]
- When sales happen
- Public auction at the county courthouse between 9:00 a.m. and 4:00 p.m.
MCL 600.3216
From a reputable summary[1]
Your rights before and after the sale
- Catching up (reinstatement)
- No statutory reinstatement right.From a reputable summary[2]
- Buying the home back (redemption)
- YesAfter the sale: 6 months for a 1–4 unit home if more than two-thirds of the original loan was still owed; otherwise generally 1 year; 30 days (or 1 month) if the home is found abandoned. You may usually stay in the home during redemption.
- Owing money after the sale (deficiency)
- LimitedAllowed; if the lender bought at the sale, you can argue the price was substantially below fair market value.
MCL 600.3280
From a reputable summary[1] - Mediation
- Not researched yet for this state.
Property tax sales
- Tax sale system
- Forfeiture to the government
Forfeiture to the county treasurer, then a court foreclosure judgment and auction.
From a reputable summary[5] - How it works
- In practice: returned delinquent (year +1), forfeited (year +2), foreclosed by court judgment and title passes after March 31 (year +3), then auctioned.From a reputable summary[5]
- Redeeming after a tax sale
- About a year after forfeiture: you can redeem until March 31 after the foreclosure judgment (or within 21 days of judgment if you contested).
MCL 211.78g, 211.78k
From a reputable summary[5] - Relief programs
- Not researched yet for this state.
- Payment plans
- A delinquent-tax installment plan can stop the tax foreclosure for eligible owners (e.g., meeting poverty guidelines) — ask the county treasurer.
- Surplus after a tax sale
- You can claim sale proceeds above the tax debt by filing Form 5743 (Notice of Intention to Claim Interest) with the county by the July 1 after the foreclosure takes effect. Michigan changed its law in December 2020 after Rafaeli v. Oakland County — before Tyler — and Schafer v. Kent County (2024) made that retroactive.
Bankruptcy exemptions
- Federal exemption list
- You may choose the federal list
You may choose the federal bankruptcy exemption list (11 U.S.C. § 522(d)) instead of the state list — one list or the other, never a mix.
From a reputable summary[8] - Homestead exemption
- $3,500 (in bankruptcy: $51,150; $76,725 if 65+ or disabled)$3,500 against ordinary creditors; in bankruptcy (state list) $51,150, or $76,725 if 65+ or disabled.(MCL 600.6023(1)(g); MCL 600.5451)From a reputable summary[9]
Where to get free help
- Free legal aid (LSC-funded)
- Checked against the official text[11]
- Legal help website
- Checked against the official text[12]
- State housing agency
- Checked against the official text[10]
- Attorney general / consumer protection
- Checked against the official text[13]
- Court self-help
- Checked against the official text[12]
- HUD-approved housing counselors
- HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.
Sources
Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.
- [1]Nolo — Michigan Foreclosure Laws and Proceduressummary
- [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
- [3]MCL 600.3208 (official text, Michigan Legislature)MCL 600.3208official
- [4]MCL 600.3240 (official text, Michigan Legislature)MCL 600.3240official
- [5]Nolo — Michigan property tax forfeiture and foreclosuresummary
- [6]MCL 211.78q (official text, Michigan Legislature)MCL 211.78qofficial
- [7]MCL 211.78t (official text, Michigan Legislature)MCL 211.78tofficial
- [8]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
- [9]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
- [10]MI State Housing Development Authority (official site, checked live)official
- [11]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
- [12]Home | Michigan Legal Help (official site, checked live)official
- [13]Attorney General: Consumer Protection (official site, checked live)official