Welcome to the Mortgage Foreclosure info page of the Macomb County Clerk/ Register of Deeds website.
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This page is provided as informational purposes just and ought to not be interpreted as legal advice.
In a default situation, a mortgagee (loan provider), land agreement seller or lien complaintant might foreclose on the residential or commercial property. The Macomb County Register of Deeds records foreclosure deeds of mortgages, liens and land contracts (Sheriff's Deed or Clerk's Deed). The Macomb County Treasurer Office deals with Tax foreclosures at 1 South Main Street, Mt. Clemens, MI 48043. (586) 469-5190.
Foreclosure may occur through either a judicial procedure (leading to a Clerk's Deed) or by ad (resulting in a Constable's Deed or Clerk's Deed). Land contracts may be foreclosed through judicial foreclosure action and many mortgages/liens foreclosure process are through the Sheriff's Department by ad.
Homeowners in foreclosure may ask for a "Payoff Letter" through the Register of Deeds to discover the redemption amount. The Payoff Letter fee is $25.
DOWNLOAD THE REQUEST FORM
Foreclosure by advertisement - Sheriff's Deed
( The reference in this area is made to a "Clerk's deed," as well, since that kind of deed may have arised from a mortgage foreclosure.)
1. A written notice of default is provided by the mortgagee/lien complaintant 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 4 (4) successive weeks prior to the public auction. The newspaper publication usually websites the mortgagor name and legal description, rather than the residential or commercial property address. The residential or commercial property address may or may not be cited on the referenced taped mortgage document. A look for the residential or commercial property address might be obtained through one of the following-- a visit to Register of Deeds (search costs might use) or online on your computer (credit card required for search costs) or perhaps the regional tax records (city/township where residential or commercial property lies).
3. On an appointed date and time, a public auction is carried out at the courthouse by a deputy sheriff. The public auction is held every Friday morning at 10:00 a.m. in the Jury Room (first floor) of the Macomb County Court Building DIRECTIONS. The deputy sheriff who carries out the sale is acting in the capacity of an "auctioneer.".
4. A Sheriff's deed or Clerk's deed is provided to the greatest bidder, whom will be called as the grantee of the sale. If no one quotes on the residential or commercial property, the lender or foreclosing celebration ends up being (and is pointed out as) the beneficiary of the sale on the Sheriff's deed or Clerk's deed. If a 3rd party quotes on the residential or commercial property, the quote needs to be higher than the beginning auction amount.
5. After the sale takes location, the deputy constable signs the affidavit of auctioneer. The Sheriff's deed will be recorded within 20 days (or as soon as possible) after the sale. MCL 600.3232.
6. The initial taped Sheriff's deeds or Clerk's deeds are held in the Register of Deeds workplace for the complete duration of redemption. The last day to redeem is specified in the certificate signed by the deputy sheriff, connected to the Sheriff's deed or Clerk's deed. A redemption duration can range anywhere from thirty days, one month, six months, or one year, depending on numerous elements per MCL 600.3240; and MCL 600.3145. The redemption duration might also be affected or reduced by MCL 600.3241; MCL 600.3241 a; MCLA 600.3238 (6 ).
7. Any Sheriff's deed or Clerk's deed beneficiary of the foreclosed (mortgage) residential or commercial property who pays taxes or insurance coverage (or items enabled per statute) on the residential or commercial property (after the Sheriff's sale or Clerk's sale) is entitled to recover these expenditures, with interest, if a redemption happens. In order to be qualified to collect for these costs, the buyer should record an affidavit and satisfy the requirements per statute. MCL 600.3145; MCL 600.3240. The Sheriff's deed or Clerk's deed beneficiary need to look for legal counsel, if necessary.
8. During the redemption period, the mortgagor, mortgagor's heirs, administrators, or administrators or any person lawfully claiming from or under the mortgagor may redeem the residential or commercial property. The redemption might take place through the Macomb County Register of Deeds Office or directly through the grantee (or grantee's agent or designee) of the Sheriff's deed or Clerk's deed by tendering the proper redemption quantity (and required items if redeeming through Register of Deeds). The Register of Deeds will gather an extra $5 cost for the care and custody of the redemption money (for each foreclosure file being redeemed), pursuant to MCL 600.3240.
9. As allowed by statute, the Macomb County Register of Deeds office might determine the quantity needed for redemption if a request is submitted, together with a cost 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 determined by the beneficiary of the sale if the amount is sufficient for redemption.
10. If the Sheriff's deed or Clerk's deed beneficiary deems the funds to be adequate, it is the duty 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 happens, the Sheriff's deed or Clerk's deed becomes personnel 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 problem in Circuit Court after a default takes place.
2. The judge enters a foreclosure judgment, which enables the land contract seller, mortgagee or lien plaintiff to arrange a foreclosure sale.
3. A public auction is conducted. If a 3rd party quotes on the residential or commercial property, the highest bidder will be entered as the grantee on the Clerk's deed. If there is no quote, the land agreement seller/mortgagee or lien claimant name is entered upon the deed as beneficiary.
4. The redemption period is specified as the last day to redeem in the certificate signed by the deputy clerk (on behalf of the county clerk), attached to the Clerk's Deed. The redemption duration may be six months from the date of sale or as set by the judge. The deed shall be recorded within 20 days (or as quickly as possible) after the sale. MCL 600.3232.
