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MI SB0029
Bill
AI Summary
Senate Bill 29 Summary
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Amends Michigan's Revised Judicature Act to establish a 2-year moratorium on foreclosure sales for residential property mortgages when a judgment has not yet been entered, upon motion by the defendant.
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For residential mortgages where a foreclosure judgment has been entered but the redemption period has not expired, allows courts to either stay the sale for 2 years or extend the redemption period by 2 years.
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Permits courts to include conditions during the stay or extension period, including defendant occupancy preference, fair rental payments, tax and insurance maintenance, and property preservation provisions.
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Requires foreclosures of residential property by advertisement to proceed through judicial foreclosure instead, allowing property owners or mortgage obligors to file suit to enjoin advertisement-based foreclosures within 3 years of the bill's effective date.
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Includes a moratorium sunset provision: courts cannot enter stay or extension orders more than 3 years after the effective date, and mortgage holders may apply for payment guarantees under the state housing development authority act during the stay period.
Legislative Description
Civil procedure; foreclosure; 2-year moratorium on mortgage foreclosures; provide for. Amends secs. 3115, 3201 & 3236 of 1961 PA 236 (MCL 600.3115 et seq.) & adds secs. 3116 & 3237. TIE BAR WITH: SB 0030'09, SB 0031'09
Civil procedure, foreclosure
Last Action
Referred To Committee On Banking And Financial Institutions
1/28/2009