- Who sends it
- The buyer at the sheriff's sale, often the lender, by certified mail, posting on the home or another method
- What it starts
- Short clocks: 72 hours to an inspection, 5 business days to answer an information request, 7 days to fix damage
- Do this first
- Read which notice it is, mark the deadline, and answer in writing
What these notices are in Michigan
Michigan lets the buyer at a sheriff's sale check on the home during the redemption period. First it must send an initial written notice with its name and contact details, the sale date and amount, the estimated end of the redemption period, its inspection rights, and how you can hand over the property if you move (MCL 600.3237).
There is no national page for these notices because few states have them. They do not end your redemption rights by themselves.
The deadlines and how to count them
- Interior inspection: at least 72 hours' notice, at a reasonable time of day, set with you if possible (MCL 600.3238(2)). The buyer can look at the outside as often as it wants.
- Information request: after the first inspection, the buyer can ask for photos or other proof of the inside condition, no more than once a calendar month or 3 times in any 6 months unless it believes damage is happening. You have 5 business days after you receive it to respond (MCL 600.3238(4), (5)). Business days leave out weekends and holidays.
- Damage notice: before starting an eviction case for damage, the buyer must give notice that it will file if the damage is not fixed within 7 days after you receive the notice. If you fix it in 7 days, or agree on a repair plan and complete it on time, it cannot file (MCL 600.3238(7), (8)).
- Moving out: if the buyer sent the initial notice and you plan to move, tell the buyer by email, certified mail or another reliable way at least 10 days before you leave (MCL 600.3278(2)).
What it does and does not mean
- It does not end your redemption period or mean you must leave.
- If you unreasonably refuse an inspection, or the home is damaged or about to be, the buyer can start an eviction case early. If it wins, your right to redeem ends (MCL 600.3238(6), (10)).
- "Damage" includes stripped plumbing, wiring or siding, a missing furnace or water heater, missing walls or roofing, and blight violations a city is enforcing (MCL 600.3238(11)).
- If you allow inspections, answer requests, give 10 days' notice before moving and hand over control as the buyer directs, the law presumes you are not liable for damage after you leave (MCL 600.3278(2)(b)).
What to do this week
- Keep every notice and the envelope. Write the date you received it.
- Reply in writing to agree on an inspection time, and keep a copy.
- Answer any information request within 5 business days with dated photos.
- If you get a 7-day damage notice, start repairs right away or propose a written repair plan, and call your insurer if needed.
- If you will move, use the surrender method listed in the initial notice and give 10 days' notice. Michigan Legal Help says a cash for keys deal with the buyer may be possible.
- Read after the foreclosure sale in Michigan.
Free help in Michigan
Michigan Legal Help explains these inspection rules and can point you to free legal aid. If the buyer files an eviction case early, get help the same day. The State Bar of Michigan Lawyer Referral Service is 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.
Common questions
Can I refuse to let the buyer inspect my Michigan home during redemption?
You can ask for a reasonable time, but if you unreasonably refuse, the buyer can start an eviction case before the redemption period ends (MCL 600.3238(6)). Answer in writing and agree on a time.
How often can the Michigan buyer ask about the condition of my home?
After the first interior inspection, no more than once a calendar month and no more than 3 times in any 6 months of the redemption period, unless it has reasonable cause to believe damage is happening or about to (MCL 600.3238(4)).
Do I have to tell the Michigan buyer before I move out?
Yes, if the buyer sent you the initial notice under MCL 600.3237. MCL 600.3278(2) requires notice at least 10 days before you vacate, by email, certified mail or another reliable way, so the buyer can secure the home.
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.
- 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.