Michigan Amends Provisions Regarding Foreclosure by Advertisement

Weiner Brodsky Kider PC

Weiner Brodsky Kider PC

The state of Michigan recently enacted House Bill No. 4470 that amends the provisions of Michigan statutes relating to foreclosure by advertisement, specifically MCLS §§ 600.3204 and 600.5807.

MCLS § 600.3204(1)(b) was amended to specify that an action or proceeding for the appointment of a receiver would not be the same as an action or proceeding to recover a debt.  For the purposes of foreclosing a mortgage by advertisement, a foreclosure would still be able to go forward in a separate action from the appointment of a receiver for the foreclosed property.

MCLS § 600.5807 was amended to make several stylistic and linguistic updates such as substituting references to “executor, administrator” for “personal representative.”

The amended provisions are effective May 7, 2018, and are available here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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