Can a foreclosure commence by advertisement if the original lender never recorded an assignment of mortgage?
1 Answer | Asked in Real Estate Law for Michigan on Apr 29, 2013.
Answered On Apr 29, 2013
The Michigan Foreclosure by Advertisement statute requires that the mortgagee be the record holder of the mortgage. This is done by recording the assignment with the Register of Deeds. If that is not done, the the foreclosure sale might be set aside.