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MI HB5366

Bill

Status

Introduced

12/13/2017

Primary Sponsor

Andy Schor

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Amends sections 3130 and 3236 of the Revised Judicature Act of 1961 to clarify deed execution and recording procedures in mortgage foreclosure sales.

  • Adds new subsection (2) to both sections requiring that when a mortgagor was a vendor under a land contract for 1 to 4 residential units and the land contract or certificate was recorded with the county register of deeds, the foreclosure sale purchaser takes title subject to the land contract terms and becomes the new vendor under that contract.

  • Updates language in section 3130 regarding when deeds become operative, specifying that the person making the sale must indorse the effective date on each deed and include specific information about the land contract or mortgage in the deed.

  • Requires the deed of sale be deposited with the register of deeds within 20 days after the sale and recorded in the deed record book with proper indexing, with recording fees included in the costs and expenses of the sale.

  • Applies only to land contracts entered into on or after the effective date of the act and is contingent on the enactment of either Senate Bill No. ____ or House Bill No. 5365.

Legislative Description

Property; mortgages; transfer of title on foreclosure; make subject to prior land contract if land contract certificate was recorded. Amends secs. 3130 & 3236 of 1961 PA 236 (MCL 600.3130 & 600.3236). TIE BAR WITH: HB 5365'17

Property: mortgages

Last Action

Bill Electronically Reproduced 12/13/2017

12/28/2017

Committee Referrals

Financial Services12/13/2017

Full Bill Text

No bill text available