Battle Creek, MI asked in Foreclosure for Michigan

Q: We live in Michigan and have a question about foreclosure.

We were notified about default/intent to foreclose. Notice was published in paper with sale date for March 2019. We applied for modification and during this sale was postponed until May 16th. Foreclosure proceeding were stopped while reviewing but we were denied. We appealed denial. Were they required to re-submit the foreclosure and sale in newspaper and put a notice of sale on property? During the appeal I called often to check the status of the appeal and was told they needed more time. This was from March to May. On May 16th I called and they told me I ran out of time, we were denied appeal because house sold at auction on that day, May 16th.

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1 Lawyer Answer
David Soble
David Soble
Answered
  • Foreclosure Defense Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: The lender's attorney only has to file an adjournment of the sale with the County. They do not have to restart the publication from the beginning. Based upon your narrative, it seems that the attorney continued with a weekly adjournment of the sale while your appeal was pending.

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