Michigan House Bill HB6049

Michigan 2023-2024 Regular Session

• Introduced: 11/7/24
• Refer: 11/7/24

Caption

Civil procedure: costs and fees; sheriff's fees for mortgage foreclosures; modify. Amends secs. 2558 & 3240 of 1961 PA 236 (MCL 600.2558 & 600.3240).

Impact

The amendments are expected to have a significant impact on local government and the operations of sheriffs in Michigan. By setting specific fee structures, the bill may help prevent inconsistent fee practices across different counties. This could lead to a more equitable solution for homeowners facing foreclosure and may also make it easier for sheriffs to manage their financial operations. However, the adjustments to certain fees, which appear to increase some charges, may raise concerns among consumer advocates, emphasizing the need for transparency in government fees.

Summary

House Bill 6049 proposes amendments to the Revised Judicature Act of 1961, specifically targeting the fees associated with sheriff services during mortgage foreclosures. The bill revises sections 2558 and 3240, aiming to adjust the schedules of fees that sheriffs are entitled to for a variety of services related to the foreclosure process. This includes changes to the amounts charged for taking bonds, posting notices for foreclosure sales, and other related duties. Overall, the bill seeks to clarify and streamline the financial aspects associated with sheriff operations in foreclosure cases.

Contention

Notable points of contention surrounding HB6049 include concerns from advocacy groups regarding the potential burden these fees might place on homeowners in distressed financial situations. Critics argue that increased fees could disproportionately affect low-income individuals who are already struggling to maintain their mortgage payments and may lead to further difficulties in the redemption process. Additionally, the clarity on fee structures is welcomed; however, the implications of these cost changes can still raise eyebrows among those in the community affected by foreclosures.