- Who sends it
- Your lender or servicer, posted on the home and sent by certified mail
- What it starts
- 15 days to tell the lender in writing that the home is not abandoned
- Do this first
- Mail a written notice that you live there to the address in the notice, by first class mail, and keep proof
What these notices are in Michigan
Michigan has two ways a lender can shorten your redemption period by treating the home as abandoned. Both start with a lender inspection that finds no sign anyone lives there or plans to.
The posted notice (MCL 600.3241a): for a home of 1 to 4 units, after the foreclosure has started and before the redemption period ends, the lender posts a notice on the home when it inspects and mails you a copy by certified mail. It says the lender considers the home abandoned and that you will lose all rights of ownership 30 days after the sale, or when your 15 days to answer run out, whichever is later.
The notice of default and intention to foreclose (MCL 600.3241): within 30 days before the foreclosure starts, the lender mails a notice by certified mail that the mortgage is in default and it intends to foreclose. It then records an affidavit saying you did not respond and the inspection found the home empty, and mails you a copy. The national notice of default page notes Michigan uses this only for homes it treats as abandoned.
What it does and does not mean
- It does not mean you have lost the home or must leave. It is the lender's claim, and you can answer it.
- If you do not answer in time, the redemption period becomes 30 days or until the 15-day answer period ends, whichever is later, under the posted notice route (MCL 600.3240(10)), or 1 month under the other route (MCL 600.3240(9)).
- If you do answer correctly, you keep the full redemption period stated in the foreclosure notice, usually 6 months.
Your deadline and how to count it
- Posted notice: within 15 days after the notice was posted and mailed, send the lender written notice by first class mail, to the address given in the notice, saying the home is not abandoned (MCL 600.3241a(c)). Count calendar days from the posting and mailing, not from when you found it. Mail it the same day if you can.
- Notice of default and intention to foreclose: before the redemption period ends, give the lender a written affidavit saying you live in or intend to live in the home, and record a duplicate original with the county register of deeds (MCL 600.3241(d)).
- If you got both kinds of notice, answer both ways.
What to do this week
- Write a short, dated, signed letter: your name, the property address, your loan number if you have it, and a plain statement such as "The premises are not abandoned. I live here." Mail it first class to the address in the notice. Consider sending a second copy by certified mail and keep receipts and copies.
- If you received the pre-foreclosure notice and affidavit, ask legal aid to help you prepare the occupancy affidavit and record it at the register of deeds.
- Take dated photos showing you live there, and keep utility bills.
- Read after the foreclosure sale in Michigan to plan for your redemption period.
Free help in Michigan
Use Michigan Legal Help's Guide to Legal Help to look for free legal aid, or the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738. A free housing counselor can be found through the MSHDA Housing Education Locator or at (800) 569-4287. See Michigan foreclosure help.
The rest of the Michigan process
See how foreclosure works in Michigan, the timeline, ways to stop it and free help in Michigan, or read the national guide to this letter.
Common questions
How long do I have to answer a Michigan abandonment notice?
For the posted and mailed notice under MCL 600.3241a, 15 days after it was posted and mailed. Send written notice by first class mail to the address in the notice saying the home is not abandoned.
What happens if I miss the 15 days in Michigan?
The home is conclusively presumed abandoned, and your redemption period becomes 30 days after the sale or the end of the 15-day period, whichever is later (MCL 600.3240(10), 600.3241a). Talk to a lawyer right away if this happened to you.
Does the Michigan abandonment notice apply if I just moved in with family for a while?
Under MCL 600.3241a the inspection must show no one is occupying the home or will occupy it. If you intend to return, say so in writing within 15 days and keep proof.
Other Michigan letters
- Notice of foreclosure by advertisementIn Michigan, most foreclosures happen without a court case. This notice, published in a newspaper and posted on your home, sets the date of the sheriff's sale. It also tells you how long your redemption period will be after the sale. Act now, because the sale can come about 4 weeks after the first publication.
- Sheriff's deed (deed of sale) with the purchaser's redemption affidavitAfter a Michigan sheriff's sale, the buyer gets a sheriff's deed, but it does not take effect until your redemption period ends. The deed and the buyer's affidavit, recorded at the county register of deeds, show your last day to redeem and the exact amount. Until then you can live in the home and buy it back.
- Purchaser's notice during the redemption period (initial notice, notice of inspection, and notice of intent to start summary proceedings)During your Michigan redemption period, the buyer at the sheriff's sale can inspect the home and ask about its condition. Its notices start short deadlines. Answering them on time protects your right to stay until the redemption period ends.
- Summons (Landlord-Tenant, form DC 104) and Complaint to Recover Possession of Property (form DC 102c)If you are still in the home after the Michigan redemption period ends, the buyer must file an eviction case in district court. The summons gives a court date that can be only days away. Go to court on that date, or you can be evicted without a trial.
- Judgment, Landlord-Tenant (form DC 105) and Application and Order of Eviction (form DC 107)If the judge rules for the buyer, the court enters a judgment for possession. In most cases the buyer can get an order of eviction only after 10 days. That order lets a court officer or sheriff remove you and your belongings, so use the time to move or get help.