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MI HB5794

Bill

Status

Passed

12/31/2014

Primary Sponsor

Mike Callton

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Purchaser may conduct one initial interior inspection of foreclosed property with 72 hours notice to mortgagor, and unlimited exterior inspections during the redemption period.

  • Purchaser may request mortgagor provide interior condition information no more than once per calendar month or three times per six-month period, unless damage is imminent or has occurred.

  • If mortgagor refuses to provide requested condition information within five business days or damage is evident, purchaser may schedule an interior inspection and, if still refused, commence summary possession proceedings after providing seven days' notice to mortgagor.

  • Judge must consider totality of circumstances including cause of damage, mortgagor's repair efforts, promptness of contacting insurers, and whether delays are caused by purchaser or insurer before entering judgment for possession.

  • Judgment for possession extinguishes mortgagor's redemption rights; "damage" includes code violations, stripped materials, missing fixtures, structural deterioration below community safety standards, and conditions justifying premises recovery.

Legislative Description

Civil procedure; foreclosure; property inspections during redemption period; correct procedural requirement. Amends secs. 3238 & 3241a of 1961 PA 236 (MCL 600.3238 & 600.3241a).

Civil procedure, foreclosure

Last Action

Assigned Pa 431'14 With Immediate Effect 2014 Addenda

12/31/2014

Committee Referrals

Banking & Financial Institutions11/12/2014
Financial Services9/10/2014

Full Bill Text

No bill text available