HOUSE BILL NO. 6031 A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3208, 3212, 3216, and 3220 (MCL 600.3208, 600.3212, 600.3216, and 600.3220), section 3212 as amended by 2019 PA 142. the people of the state of michigan enact: Sec. 3208. (1) Notice that the a mortgage will be foreclosed under this chapter by a sale of the mortgaged premises, or some part of them, shall the premises, must be given by publishing the same notice for 4 successive weeks at least once in each week, in a newspaper published in the county where the premises included in the mortgage and intended to be sold, or some part of them, are situated. the premises, is located. If no newspaper is published in the county, the notice shall must be published in a newspaper published in an adjacent county. In every case within (2) Within 15 days after the first publication of the notice under subsection (1), a true copy shall or the notice must be posted in a conspicuous place upon on any part of the premises described in the notice. (3) If the sale of the premises is to be held online, the person conducting the sale shall post notice of the sale on the website of the county in which the premises, or part of the premises, is located and shall give notice of the sale by any other means that the person considers necessary to ensure that the public is aware of the sale. Sec. 3212. (1) A notice of foreclosure by advertisement must include all of the following: (a) The names of the mortgagor, the original mortgagee, and the foreclosing assignee, if any. (b) The date of the mortgage and the date the mortgage was recorded. (c) The amount claimed to be due on the mortgage on the date of the notice. (d) A description of the mortgaged premises that substantially conforms with the description contained in the mortgage. (e) A description of the property by giving its street address, if any. The validity of the notice and the validity of any eventual sale under this chapter are not affected by the fact that the street address in the notice is erroneous or that the street address is omitted. (f) For a mortgage executed after December 31, 1964, the length of the redemption period as determined under section 3240. (g) A statement that if the property is sold at a foreclosure sale under this chapter, under section 3278 the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period. (h) The name, address, and telephone number of the attorney for the party foreclosing the mortgage. (i) For a residential mortgage, a statement in the following form: "Attention homeowner: If you are a military service member on active duty, if your period of active duty has concluded less than 90 days ago, or if you have been ordered to active duty, please contact the attorney for the party foreclosing the mortgage at the telephone number stated in this notice.". (j) A statement Statements in the following form: (i) "Notice of foreclosure by advertisement. Notice is given under section 3212 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3212, that the following mortgage described in this notice will be foreclosed by a sale of the mortgaged premises, or some part of them, the mortgaged premises, at a public auction sale to the highest bidder for cash or cashier's check at the place of holding the circuit court in ________ County, starting promptly at (time), on (date).(date).". (ii) One of the following statements, as applicable: (A) "The public auction sale will be conducted in person at the place that the circuit court is held in ________ County. The mortgaged premises will be sold for cash, a cashier's check, or a wire transfer.". (B) "The public auction sale will be held online. Details of how to participate in or observe the online auction, and how the mortgaged premises will be sold, may be viewed at (website address).". (iii) The "The amount due on the mortgage may be greater on the day of the sale. Placing the highest bid at the sale does not automatically entitle the purchaser to free and clear ownership of the property. A potential purchaser is encouraged to contact the county register of deeds office or a title insurance company, either of which may charge a fee for this information.". (2) The party foreclosing the mortgage shall not publish a notice of foreclosure under this chapter in a newspaper in which the party foreclosing, or its agent, has a majority ownership interest. Sec. 3216. (1) The A sale shall of mortgaged property under this chapter must be conducted at a public sale, held between the hour of 9 o'clock in the forenoon and 4 o'clock in the afternoon, at 9:00 a.m. and 4:00 p.m. The sale may be conducted in either of the following ways: (a) In person at the place of holding where the circuit court within is held in the county in which the premises to be sold, or some part of them, are situated, and shall the premises, is located. (b) Online. The person conducting the sale shall ensure that the online auction platform used is secure, reliable, and accessible to all interested bidders. (2) The sale under subsection (1) must be made by the person appointed for that purpose in the mortgage, or by the sheriff, undersheriff, or a deputy sheriff of the county, to the highest bidder. Sec. 3220. (1) Such A sale of mortgaged property under this chapter may be adjourned from time to time, by the sheriff or other officer or person appointed to make such the sale, at the request of the party in whose name the notice of sale is published by posting a notice of such the adjournment before or at the time of and at the place where said the sale. (2) Unless the sale is to be made , and if any online, the notice of adjournment under this section must be posted at the place where the sale is to be conducted. If the sale is to be made online, the notice of adjournment must be posted in a highly visible manner on the platform on which the sale was to be conducted and on the website of the county on which notice of the sale was previously posted, and must be given by any other means that the notice of sale was previously given under section 3208(3). (3) If an adjournment be of a sale under this section is for more than 1 week at one time, the notice thereof, appended to of adjournment and the original notice of sale , shall must also be published in the newspaper in which the original notice was published, the first publication to be within 10 days of the date from which the sale was adjourned and thereafter after the first publication once in each full secular week during the time for which such the sale shall be is adjourned. No (4) An oral announcement of any an adjournment shall be under this section is not necessary.
HOUSE BILL NO. 6031
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 3208, 3212, 3216, and 3220 (MCL 600.3208, 600.3212, 600.3216, and 600.3220), section 3212 as amended by 2019 PA 142.
the people of the state of michigan enact:
Sec. 3208. (1) Notice that the a mortgage will be foreclosed under this chapter by a sale of the mortgaged premises, or some part of them, shall the premises, must be given by publishing the same notice for 4 successive weeks at least once in each week, in a newspaper published in the county where the premises included in the mortgage and intended to be sold, or some part of them, are situated. the premises, is located. If no newspaper is published in the county, the notice shall must be published in a newspaper published in an adjacent county. In every case within
(2) Within 15 days after the first publication of the notice under subsection (1), a true copy shall or the notice must be posted in a conspicuous place upon on any part of the premises described in the notice.
(3) If the sale of the premises is to be held online, the person conducting the sale shall post notice of the sale on the website of the county in which the premises, or part of the premises, is located and shall give notice of the sale by any other means that the person considers necessary to ensure that the public is aware of the sale.
Sec. 3212. (1) A notice of foreclosure by advertisement must include all of the following:
(a) The names of the mortgagor, the original mortgagee, and the foreclosing assignee, if any.
(b) The date of the mortgage and the date the mortgage was recorded.
(c) The amount claimed to be due on the mortgage on the date of the notice.
(d) A description of the mortgaged premises that substantially conforms with the description contained in the mortgage.
(e) A description of the property by giving its street address, if any. The validity of the notice and the validity of any eventual sale under this chapter are not affected by the fact that the street address in the notice is erroneous or that the street address is omitted.
(f) For a mortgage executed after December 31, 1964, the length of the redemption period as determined under section 3240.
(g) A statement that if the property is sold at a foreclosure sale under this chapter, under section 3278 the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period.
(h) The name, address, and telephone number of the attorney for the party foreclosing the mortgage.
(i) For a residential mortgage, a statement in the following form: "Attention homeowner: If you are a military service member on active duty, if your period of active duty has concluded less than 90 days ago, or if you have been ordered to active duty, please contact the attorney for the party foreclosing the mortgage at the telephone number stated in this notice.".
(j) A statement Statements in the following form:
(i) "Notice of foreclosure by advertisement. Notice is given under section 3212 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3212, that the following mortgage described in this notice will be foreclosed by a sale of the mortgaged premises, or some part of them, the mortgaged premises, at a public auction sale to the highest bidder for cash or cashier's check at the place of holding the circuit court in ________ County, starting promptly at (time), on (date).(date).".
(ii) One of the following statements, as applicable:
(A) "The public auction sale will be conducted in person at the place that the circuit court is held in ________ County. The mortgaged premises will be sold for cash, a cashier's check, or a wire transfer.".
(B) "The public auction sale will be held online. Details of how to participate in or observe the online auction, and how the mortgaged premises will be sold, may be viewed at (website address).".
(iii) The "The amount due on the mortgage may be greater on the day of the sale. Placing the highest bid at the sale does not automatically entitle the purchaser to free and clear ownership of the property. A potential purchaser is encouraged to contact the county register of deeds office or a title insurance company, either of which may charge a fee for this information.".
(2) The party foreclosing the mortgage shall not publish a notice of foreclosure under this chapter in a newspaper in which the party foreclosing, or its agent, has a majority ownership interest.
Sec. 3216. (1) The A sale shall of mortgaged property under this chapter must be conducted at a public sale, held between the hour of 9 o'clock in the forenoon and 4 o'clock in the afternoon, at 9:00 a.m. and 4:00 p.m. The sale may be conducted in either of the following ways:
(a) In person at the place of holding where the circuit court within is held in the county in which the premises to be sold, or some part of them, are situated, and shall the premises, is located.
(b) Online. The person conducting the sale shall ensure that the online auction platform used is secure, reliable, and accessible to all interested bidders.
(2) The sale under subsection (1) must be made by the person appointed for that purpose in the mortgage, or by the sheriff, undersheriff, or a deputy sheriff of the county, to the highest bidder.
Sec. 3220. (1) Such A sale of mortgaged property under this chapter may be adjourned from time to time, by the sheriff or other officer or person appointed to make such the sale, at the request of the party in whose name the notice of sale is published by posting a notice of such the adjournment before or at the time of and at the place where said the sale.
(2) Unless the sale is to be made , and if any online, the notice of adjournment under this section must be posted at the place where the sale is to be conducted. If the sale is to be made online, the notice of adjournment must be posted in a highly visible manner on the platform on which the sale was to be conducted and on the website of the county on which notice of the sale was previously posted, and must be given by any other means that the notice of sale was previously given under section 3208(3).
(3) If an adjournment be of a sale under this section is for more than 1 week at one time, the notice thereof, appended to of adjournment and the original notice of sale , shall must also be published in the newspaper in which the original notice was published, the first publication to be within 10 days of the date from which the sale was adjourned and thereafter after the first publication once in each full secular week during the time for which such the sale shall be is adjourned. No
(4) An oral announcement of any an adjournment shall be under this section is not necessary.