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Michigan Foreclosure Questions & Answers
1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
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1 Answer | Asked in Foreclosure for Michigan on
Q: Why would our servicer close our foreclosure with their attorneys?

We are facing foreclosure, so we applied for a modification & our servicer put the proceedings on hold with their attorneys while a a decision is made. Saturday, my online account showed there was a decision made, but the mod Dept says there hasn't been any decision. I contacted the... Read more »

David Soble
David Soble answered on Mar 23, 2020

With the current pandemic, if your loan is an FHA or FNMA loan, there is an adjournment of foreclosures for 60 days right now. If the virus still lingers, then I speculate that further mortgage foreclosure relief will be coming. Nothing can happen in the foreclosure process and the lender will... Read more »

2 Answers | Asked in Foreclosure for Michigan on
Q: Is a notice to vacate an eviction notice the notice says? I have 10 days to vacate,is this considered a lawful eviction

The notice is from a law office and they are also offering to by back the key to leave a month after the 10 day notice to vacate. I’m confused and I just want enough time to move all of my belongings

Adam Alexander
Adam Alexander answered on Dec 18, 2019

"Cash for keys" is a common offer to persuade a resident to vacate earlier than scheduled. In your case if there is a court ordered eviction date, you must follow the court order. Have you been to court for the eviction hearing? Is there an eviction order signed by the judge?

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1 Answer | Asked in Foreclosure for Michigan on
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... Read more »

David Soble
David Soble answered on Dec 9, 2019

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.

1 Answer | Asked in Foreclosure for Michigan on
Q: Hello. I am looking to investigate a foreclosure on a house back from ca. 2007 - 2010 with the lender being BofA...

I was req'd to fill a Form 1099-A for the Value of the House being more than what was owed. 'looking to send an inquiry to lender seeking funds, even though foreclosed?

David Soble
David Soble answered on Sep 10, 2019

First, your rights to challenge the foreclosure or anything related to the foreclosure action have been extinguished when your redemption period expired. Second, you should not have had any tax consequences related to this transaction if the bank received their monies owed at the time of the... Read more »

1 Answer | Asked in Civil Rights, Foreclosure, Real Estate Law and White Collar Crime for Michigan on
Q: Why doesn't the FBI assist with State CIVIL RICO complaints
Brent T. Geers
Brent T. Geers answered on Mar 5, 2019

The FBI is a federal agency tasked with investigating and enforcing federal laws. Under our system of government, states are sovereign and can make, enforce, and investigate their own laws. The FBI has nothing to do with state law enforcement unless something becomes a federal issue.

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: could knowledge of a lawsuit be considered as actual service?

an attorney has sent me a request to represent me in a case I did not know existed. There has been no service. After checking with the County I learned their actually is a case filed ( no case number yet however)

Because I now have the knowledge of the case could that be considered as being... Read more »

David Soble
David Soble answered on Nov 25, 2018

In matters involving county tax foreclosure notice of service is given through publication in the legal news as well as posting the property with notice of the suit. The county will also send notice via regular mail too. Finally, you can challenge failure to provide proper notice by filing a quiet... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: could knowledge of a lawsuit be considered as actual service?

an attorney has sent me a request to represent me in a case I did not know existed. There has been no service. After checking with the County I learned their actually is a case filed ( no case number yet however)

Because I now have the knowledge of the case could that be considered as being... Read more »

David Soble
David Soble answered on Nov 25, 2018

No, you must be properly served, however, if you cannot be served personally for some reason, then the plaintiff / County, can serve you through court ordered publication in the legal news or even a posting. In the case of property tax forfeiture, posting and publication may be adequate notice.

2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Michigan on
Q: Complex Foreclosure on 2nd mortgage/divorce/bankruptcy question

Ex-Husband and I divorced in 2007 and divorce decree stated that I got the house and would assume the mortgage payments. The deed was transferred to my name. The mortgage was in his name only and he had taken out an $11,000 2nd mortgage against it in 2004. The first mortgage is not in default as I... Read more »

Timothy Denison
Timothy Denison answered on Sep 22, 2018

If they didn’t join you as a party to the foreclosure and you didn’t have notice, the foreclosure is defective. Go to divorce court, make a motion to hold your ex in contempt and for every penny pure out of pocket, including your attorney fees, and the Court will resolve this problem for you... Read more »

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1 Answer | Asked in Foreclosure for Michigan on
Q: Can I purchase the redemption rights for $1000 from the owner on the property if the sheriff's sale happen last week?

The home is worth $65,000 to $70,000 and the individual that won the bid from the bank bid ,$46,500

David Soble
David Soble answered on Sep 14, 2018

Yes.

The homeowner can alienate or sell their redemption rights. However, the Michigan Court of Appeals recently held in a case held that the mortgagor may, after the original mortgage transaction, sell or convey his or her equity of redemption to the mortgagee by a separate and distinct...
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2 Answers | Asked in Foreclosure for Michigan on
Q: how can i stop a foreclose on my deceased grandfathers home. My sister is Representative of the estate but she owe taxes

Can I pay the taxes or request a hearing to save the estate

Adam Alexander
Adam Alexander answered on Apr 13, 2018

If it is a tax foreclosure, the simplest way to save the home is to pay the balance of the taxes due. I would need more information regarding the timing of the foreclosure to provide more detailed advice.

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1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Hello, My home is currently in foreclosure, it went to sheriffs sale 2 weeks ago, no one bought it, so it goes back to

The bank. we owe 277$. If my dad buys the home and we gift him the equity, can he legally rent us the home? And how soon, roughly, would we be able to get a new mortgage to buy him out eventually?

Thank you!

Adam Alexander
Adam Alexander answered on Feb 10, 2018

No one bought it at the sheriff's sale? This is unusual. Generally, you have 6 months from the date of the sheriff's sale to "redeem" the property. If your father buys the property, he can rent it to whomever he wants. I suggest you contact a foreclosure defense lawyer to... Read more »

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Michigan on
Q: Can I use the Statue of Limitations MCL 600.5807 for my form MC03 summons in a Civil Judgement?

I purchased a home in 2006, which had 2 mortgages 80/20. The 80% lender foreclosed on the home in 2008 and I do not know what happened to the 20% lender. In October of 2017, I received a letter from a bank stating that they were the owners of the 20% mortgage and they wanted to collect a little... Read more »

Adam Alexander
Adam Alexander answered on Feb 5, 2018

The 10 year SOL is calculated from the date of default. You have to figure out when your last payment was made and the run date will be 60 or 90 days after that (probably). If you don't have this information you can likely get it from the Plaintiff's lawyer.

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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Michigan on
Q: Husband cheated has left us for the gf. He doesn’t stay over night. He babysit the kids while I go to work on weekends.

My problem is the gf dropped in our house while I go to work or he takes them to her. I had ask him I don’t want her near our home or have her around my kids. We are still married. He has not file for divorce yet. House is going foreclosure, 7 months behind. Most of our bills are behind. He had... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jan 16, 2018

You can only assert your rights through court order. Go to family court and see if they can help. You probably want to file for divorce and custody.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Civil Rights for Michigan on
Q: The county made a mistake and misapplied my tax payment and I lost my home. Was the right to pay my tax violated?

By the time I found out the mistake was made the appeal window was closed. I owned 2 properties and the tax was put onto my other property that was not in jeopardy.

David Soble
David Soble answered on Oct 6, 2017

So I have handled these matters before. You will need to provide documentation to support your statements. In a situation like this, a real estate attorney needs to review your documents and can then give you direction.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Michigan on
Q: How can me and husband obtain title to home his mother left to us

There is a land tax for 1year behind and title is still in her name but she passed away 4 years ago

Kenneth V Zichi
Kenneth V Zichi answered on Aug 7, 2017

If the deed (not what is on the taxes, but what is on the deed as recorded in the register of deeds office) is in your mother in law's name alone and there is not a beneficiary or co-owner, then you have to go through probate. There is NOTHING stopping you from paying the taxes that are in... Read more »

1 Answer | Asked in Estate Planning and Foreclosure for Michigan on
Q: How long can you live in a foreclosed home in Michigan if you are not the owner
Kenneth V Zichi
Kenneth V Zichi answered on Aug 5, 2017

I assume you have a lease?

If so, you can stay until you are evicted. There is MUCH more to this than just that though, for example, to whom do you pay rent, etc.

I'd urge you to consult with a landlord-tenant lawyer in your area to figure out how to best 'land on your...
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1 Answer | Asked in Appeals / Appellate Law, Foreclosure and Tax Law for Michigan on
Q: I lost my Home in Oakland County to tax foreclosure I have money to pay now is can I appeal

I entered into a payment agreement in Feb by paying a few thousand dollars. Due to mis information I miss 2 (300.00) payments when I called to pay off entire tax debt I discovered I no longer own my home it is scheduled for auction in July is there an appeal process. I have spoke to several people... Read more »

Adam Alexander
Adam Alexander answered on Jun 20, 2017

I suggest you contact Michigan's Step Forward program to see if they can help. The link is here: https://www.stepforwardmichigan.org/en/

You should also contact the Michigan Treasurer's office to see if they can point you in the right direction. You still may have redemption...
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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Landlord - Tenant for Michigan on
Q: What can I as a tenant do regarding my landlord's 2 years of delinquent property taxes?

We received an orange paper stating the house was foreclosed, but could be redeemed by paying the delinquent taxes by March 31, 2017. The total tax bill is $3,113.87 for the years of 2015 and 2016. We (my wife, daughter and I) are still living in the house.

Kenneth V Zichi
Kenneth V Zichi answered on Mar 8, 2017

Understand YOU are not responsible for the back taxes. You ARE responsible to the landlord for rent, but there MAY be options you can take.

I would strongly urge you to consult with a landlord/tenant lawyer and consider the possibility of setting up an escrow account for future rent while...
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