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MI SB1481
Bill
AI Summary
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Prohibits foreclosure by advertisement if the foreclosing party has not executed an agreement to participate as a servicer in the Help for Hardest Hit Program administered by the Michigan State Housing Development Authority and approved by the U.S. Department of Treasury.
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Requires foreclosing parties to serve written notice on borrowers of principal residences at least 90 days before commencing foreclosure proceedings, including reasons for default, contact information for the mortgage holder/servicer, and borrower rights to request loan modification meetings.
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Mandates that if a borrower qualifies for a loan modification under specified criteria (targeting a 38% housing-debt-to-income ratio through interest rate reduction, loan term extension, principal deferral, or fee reduction), the mortgage holder must offer modification or proceed through judicial foreclosure instead of advertisement.
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Allows borrowers to file a court action to convert an improperly commenced advertisement foreclosure to judicial foreclosure if they participated in modification discussions and remain eligible for a loan modification.
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Applies only to foreclosure proceedings where the first notice is published between July 5, 2009 and July 5, 2011.
Legislative Description
Civil procedure; foreclosure; power to foreclose mortgages by advertisement; prohibit if mortgage holder does not participate in help for hardest hit program. Amends secs. 3204, 3205, 3205a & 3205c of 1961 PA 236 (MCL 600.3204 et seq.).
Civil procedure, foreclosure
Last Action
Referred To Committee On Judiciary
9/8/2010