Wednesday, September 8, 2010

Finding Foreclosure Help in Michigan

Finding Foreclosure Help in Michigan

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Detroit Field Office

McNamara Federal Building
477 Michigan Avenue
Detroit, MI 48226

Phone: (313) 226-7900

Fax: (313) 226-5611 or 226-3197

TTY: (313) 226-6899

Lana J. Vacha
Field Office Director

Office Hours: 8:00 a.m. to 5:00 p.m.

Grand Rapids Field Office

99 Monroe Avenue, NW
Suite 402
Grand Rapids, MI 49503

Phone: (616) 456-2100

Fax: (616) 456-2114

TTY: (616) 456-2159

Louis Berra
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.

Flint Field Office

Phoenix Building – 4th Floor
801 S. Saginaw Street
Flint, MI 48502

Phone: (810) 766-5112

Fax: (810) 766-5122

TTY: (810) 766-5106

Louis Berra
Acting Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.

Monday through Friday

Michigan Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is available.
Non-judicial foreclosure process is available.
The primary security instruments are mortgages and deeds of trust.
The timeline can vary by process, which typically takes 60 days.
The borrower has rights of redemption.
The lender may sue for deficiency judgements but varies by process.
A judicial or non-judicial process may be used to foreclose on mortgages in default in Michigan.

Judicial Foreclosure
The lender files a lawsuit to obtain a court order to foreclose. If the court finds that the borrower is in default, it gives the borrower a specific time period for him to come up with the money that he owes. If the borrower is unable to pay his debts within the given time, the property will be put up for sale.

Non-Judicial Foreclosure
This foreclosure process is used when there is a power of sale clause present in a mortgage deal. This means that the borrower has pre-authorized the sale of the property in the event of his default. The lender or a trustee may sell the property following the “Power of Sale Foreclosure Guidelines.”

Power of Sale Foreclosure Guidelines
The following guidelines are to be followed if there are no specifics of sale included in the power of sale clause:

A notice of sale must be published in the county newspaper where the property is located. This must be done at least once a week for 4 consecutive weeks. A copy of the notice must also be posted on the property itself within 15 days of publishing the ad in the newspaper.

The notice of sale should have the important information about the sale, including a description of the property, the parties invovlved, the time and place of sale, etc.

The sheriff or the trustee can conduct the auction at any time between 9am-4pm of the specified date.

A sale may be postponed by putting up a notice during the originally scheduled date of sale. If it is to be postponed for more than a week, it must be advertised the same way the original sale was done.

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