- Who sends it
- The district court; the order of eviction is carried out by a court officer, bailiff, sheriff or local police officer
- What it starts
- Usually a 10-day wait after the judgment, then removal from the home
- Do this first
- Find the move-out date and the date to file any motion or appeal, written on the judgment
What these documents are in Michigan
The judge's decision comes on the Judgment, Landlord-Tenant (form DC 105). After a foreclosure, it usually says the buyer has a right to recover possession and that it can apply for an order evicting you if you do not move out by a date. It also tells you the date by which you may file a motion for a new trial, a motion to set aside a default judgment, or an appeal with an appeal bond.
If you do not leave, the buyer files an Application and Order of Eviction (form DC 107). Michigan law calls this a writ of restitution. It orders an officer to restore the buyer to possession by removing all occupants and personal property (MCL 600.5744(1)). The national writ of possession page covers other states.
How to count the time
- In most foreclosure cases, the order of eviction cannot be issued until 10 days after the judgment for possession is entered (MCL 600.5744(5)). Count from the date of the judgment, not the date you got a copy. Michigan Legal Help says you usually have 10 days to leave.
- The 10 days do not apply if one of the special grounds in MCL 600.5744(3) was proved, such as serious and continuing damage to the home. Then an order can issue right away.
- If you appeal or move for a new trial before the order can issue and file a bond to stay the case, the waiting period is paused until that is decided (MCL 600.5744(6)).
- The form notes that in tenancy cases the order must be carried out within 56 days of the date it is issued.
What it does and does not mean
- A judgment alone does not let the buyer change the locks or remove you. Only an officer carrying out an order of eviction can.
- Your belongings may be left in an area open to the public or delivered to the sheriff if the sheriff allows (MCL 600.5744(1)). Take what matters to you before the officer comes.
- Your redemption rights are already over at this stage. The time for a workout with the buyer is short.
What to do this week
- Read the judgment for the move-out date and the motion or appeal deadline, and write both down.
- If you think the judgment is wrong, call a lawyer or legal aid the same day. The deadlines are short.
- Ask the buyer in writing for more time or a cash for keys deal if you need it, and get any agreement in writing.
- Arrange storage and a place to stay. Move valuables, papers and medicine first.
- Read after the foreclosure sale in Michigan, and check whether the sale left a surplus you can claim on Michigan foreclosure surplus funds.
Free help in Michigan
Use Michigan Legal Help's Guide to Legal Help to find free legal aid, or the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738. 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 after a Michigan eviction judgment do I have to leave?
In most cases the order of eviction cannot be issued until 10 days after the judgment for possession (MCL 600.5744(5)), and the judgment states a move-out date. Use that time to move or get legal help.
Who carries out a Michigan order of eviction?
A court officer or bailiff of the court, the sheriff or a deputy, or an officer of the local police, as MCL 600.5744(1) allows. The buyer cannot remove you itself.
Can I stop a Michigan order of eviction by appealing?
Possibly. If you appeal or move for a new trial before the order can issue and file a bond to stay the case, the waiting period is paused until the appeal or motion is decided (MCL 600.5744(6)). Talk to a lawyer right away.
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.
- Abandonment notices: notice of default and intention to foreclose (MCL 600.3241) and the posted notice that the lender considers the home abandoned (MCL 600.3241a)If a Michigan lender thinks no one lives in your home, it can post and mail a notice saying it considers the home abandoned. If you do not answer in writing in time, your redemption period after the sale can shrink from months to about 30 days. If you live there or plan to, answer right away.
- 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.