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MI HB5794
Bill
Status
12/31/2014
Primary Sponsor
Mike Callton
Click for details
AI Summary
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Purchaser may conduct one initial interior inspection of foreclosed property with 72 hours notice to mortgagor, and unlimited exterior inspections during the redemption period.
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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.
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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.
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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.
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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