Welcome to the Mortgage Foreclosure details page of the Macomb County Clerk/ Register of Deeds website.
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This page is given as informative functions only and should not be analyzed as legal suggestions.
In a default situation, a mortgagee (lender), land contract seller or lien plaintiff may foreclose on the residential or commercial property. The Macomb County Register of Deeds records foreclosure deeds of mortgages, liens and land agreements (Sheriff's Deed or Clerk's Deed). The Macomb County Treasurer Office handles Tax foreclosures at 1 South Main Street, Mt. Clemens, MI 48043. (586) 469-5190.
Foreclosure might happen through either a judicial process (leading to a Clerk's Deed) or by advertisement (leading to a Constable's Deed or Clerk's Deed). Land agreements may be foreclosed through judicial foreclosure action and many mortgages/liens foreclosure procedure are through the Sheriff's Department by ad.
Homeowners in foreclosure might request a "Payoff Letter" through the Register of Deeds to discover the redemption amount. The Payoff Letter cost is $25.
DOWNLOAD THE REQUEST FORM
Foreclosure by ad - Sheriff's Deed
( The referral in this section is made to a "Clerk's deed," too, since that type of deed might have resulted from a mortgage foreclosure.)
1. A composed notification of default is offered by the mortgagee/lien claimant to the mortgagor/owner.
2. The notification of mortgage foreclosure sales for Macomb County residential or commercial properties are released in the Macomb County Legal News for four (4) consecutive weeks prior to the general public auction. The newspaper publication normally sites the mortgagor name and legal description, instead of the residential or commercial property address. The residential or commercial property address may or might not be mentioned on the referenced recorded mortgage file. A look for the residential or commercial property address might be acquired through one of the following-- a check out to Register of Deeds (search charges might apply) or online on your computer system (charge card required for search fees) or possibly the local tax records (city/township where residential or commercial property lies).
3. On an appointed date and time, a public auction is conducted at the court house by a deputy sheriff. The general public auction is held every Friday early morning at 10:00 a.m. in the Jury Room (first floor) of the Macomb County Court Building DIRECTIONS. The deputy sheriff who conducts the sale is acting in the capability of an "auctioneer.".
4. A Sheriff's deed or Clerk's deed is provided to the greatest bidder, whom will be named as the grantee of the sale. If no one bids on the residential or commercial property, the lender or foreclosing party becomes (and is pointed out as) the beneficiary of the sale on the Sheriff's deed or Clerk's deed. If a third celebration bids on the residential or commercial property, the bid should be higher than the beginning auction amount.
5. After the sale takes place, the deputy constable indications the affidavit of auctioneer. The Sheriff's deed shall be tape-recorded within 20 days (or as soon as possible) after the sale. MCL 600.3232.
6. The initial documented Sheriff's deeds or Clerk's deeds are kept in the Register of Deeds workplace for the complete period of redemption. The last day to redeem is stated in the certificate signed by the deputy sheriff, attached to the Sheriff's deed or Clerk's deed. A redemption period can range anywhere from 1 month, one month, six months, or one year, depending upon numerous aspects per MCL 600.3240; and MCL 600.3145. The redemption period might also be impacted or reduced by MCL 600.3241; MCL 600.3241 a; MCLA 600.3238 (6 ).
7. Any Sheriff's deed or Clerk's deed grantee of the foreclosed (mortgage) residential or commercial property who pays taxes or insurance coverage (or products allowed per statute) on the residential or commercial property (after the Sheriff's sale or Clerk's sale) is entitled to recover these expenses, with interest, if a redemption occurs. In order to be eligible to gather for these costs, the buyer should tape-record an affidavit and meet the requirements per statute. MCL 600.3145; MCL 600.3240. The Sheriff's deed or Clerk's deed beneficiary must seek legal counsel, if required.
8. During the redemption period, the mortgagor, mortgagor's successors, administrators, or administrators or anyone lawfully declaring from or under the mortgagor may redeem the residential or commercial property. The redemption might happen through the Macomb County Register of Deeds Office or straight through the grantee (or grantee's agent or designee) of the Sheriff's deed or Clerk's deed by tendering the right redemption quantity (and required items if redeeming through Register of Deeds). The Register of Deeds will gather an additional $5 cost for the care and custody of the redemption cash (for each foreclosure document being redeemed), pursuant to MCL 600.3240.
9. As permitted by statute, the Macomb County Register of Deeds workplace might determine the quantity required for redemption if a request is sent, in addition to a fee of $25.00. CLICK ON THIS LINK to download the request type. Register of Deeds will forward the redemption funds to the beneficiary of the sale and it will be identified by the beneficiary of the sale if the amount is enough for redemption.
10. If the Sheriff's deed or Clerk's deed grantee deems the funds to be sufficient, it is the obligation of the Sheriff's deed or Clerk's deed grantee to prepare and record a redemption certificate, pursuant to HB 929 and HB 931.
11. If no redemption takes place, the Sheriff's deed or Clerk's deed ends up being operative at the conclusion of the redemption period.
Judicial foreclosure - Clerk's deed
1. In a judicial foreclosure, the land agreement seller, mortgagee or lien claimant files a grievance in Circuit Court after a default happens.
2. The judge enters a foreclosure judgment, which permits the land contract seller, mortgagee or lien plaintiff to set up a foreclosure sale.
3. A public auction is conducted. If a 3rd party bids on the residential or commercial property, the highest bidder will be gone into as the grantee on the Clerk's deed. If there is no bid, the land agreement seller/mortgagee or lien claimant name is entered upon the deed as beneficiary.
4. The redemption duration is specified as the last day to redeem in the certificate signed by the deputy clerk (on behalf of the county clerk), connected to the Clerk's Deed. The redemption duration may be 6 months from the date of sale or as set by the judge. The deed shall be tape-recorded within 20 days (or as quickly as possible) after the sale. MCL 600.3232.
