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MI HB5277

Bill

Status

Passed

5/21/2014

Primary Sponsor

Mike Callton

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Origin

House of Representatives

97th Legislature

AI Summary

  • Establishes new procedures allowing foreclosure sale purchasers to inspect properties during the redemption period, including initial interior inspections with 72-hour advance notice and exterior inspections at any time.

  • Requires purchasers to provide written notice to mortgagors containing contact information, sale details, inspection rights, property surrender methods, and warnings about liability for damage if mortgagor fails to notify purchaser of intent to vacate.

  • Creates rebuttable presumptions of mortgagor liability for property damage during redemption if mortgagor fails to consent to inspections, provide advance notice of vacating, or surrender control of property; creates presumptions of non-liability if mortgagor complies with all inspection and notice requirements.

  • Allows purchasers to pursue summary possession proceedings if property damage is imminent or occurs, with requirement to provide 7-day notice for mortgagor to repair damage before proceeding, and grants judges discretion to consider mortgagor's repair efforts and good faith.

  • Modifies redemption periods based on property type: 6 months for commercial/industrial or multifamily properties over 4 units; 1 month for abandoned residential properties under 4 units; 1 year for agricultural properties; subject to shortened periods if purchaser obtains possession judgment.

Legislative Description

Civil procedure; foreclosure; property inspections during redemption period; revise procedures for. Amends secs. 3204, 3240 & 3278 of 1961 PA 236 (MCL 600.3204 et seq.); adds secs. 3237 & 3238 & repeals secs. 3205, 3205e & 3206 of 1961 PA 236 (MCL 600.3205 et seq.).

Civil procedure, foreclosure

Last Action

Assigned Pa 125'14 With Immediate Effect

5/21/2014

Committee Referrals

Banking & Financial Institutions3/11/2014
Financial Services2/4/2014

Full Bill Text

No bill text available