- Who sends it
- The sheriff or person who ran the sale signs it; it is recorded with the county register of deeds
- What it starts
- Your redemption period, usually 6 months from the sale date
- Do this first
- Get copies of the deed and affidavit from the register of deeds and mark your redemption date
What this document is in Michigan
At the end of the sale, the officer who made the sale must sign a deed to the buyer and write on it when it will become operative if the home is not redeemed. The deed must be deposited with the county register of deeds within 20 days after the sale (MCL 600.3232).
The buyer must record with the deed an affidavit stating the exact amount needed to redeem, including any daily interest, and the date by which you must redeem is stated on the certificate of sale (MCL 600.3240(2)). Michigan Legal Help calls this the certificate of sale; many people call the whole package the sheriff's deed. The national trustee's and sheriff's deed page explains deeds in other states.
What it does and does not mean
- It does not make the buyer the owner yet. The deed becomes operative only if the home is not redeemed in time (MCL 600.3236).
- If you redeem, the deed is void and the register of deeds marks it "Redeemed" (MCL 600.3232, 600.3240(1)).
- You can keep living in the home and do not have to make mortgage payments during the redemption period, but you can be held responsible for damage beyond normal wear and tear (MCL 600.3278).
- It is not an eviction. The buyer must go to court to remove you after the redemption period ends.
Your redemption period and how to count it
- 6 months from the sale date for a home of 1 to 4 units when more than two-thirds of the original loan was still owed at the notice date (MCL 600.3240(8)).
- 1 year from the sale in cases no other rule covers, and for farm property (MCL 600.3240(11), (12)).
- 30 days or 1 month if the home was found abandoned under the abandonment rules. See abandonment notices.
- The amount: the winning bid, interest from the sale date at your mortgage rate, the sheriff's fee, and certain taxes, insurance and association dues the buyer paid if documented with the register of deeds. You pay the buyer or the register of deeds, which charges a $5 custody fee.
- The affidavit may name a designee to help you compute the amount, who may charge up to $250. The amounts in the recorded affidavits are what it takes to redeem (MCL 600.3240(2), (13)).
What to do this week
- Get copies of the deed and the affidavit from the register of deeds in your county. Write the redemption date where you will see it.
- Decide with a counselor or legal aid whether redeeming, refinancing or selling during the redemption period is realistic.
- Ask the sheriff's office in writing whether the sale left a surplus. If the winning bid was more than the debt and costs, the extra must be paid to you on demand. See Michigan foreclosure surplus funds.
- If the bid was less than you owe, read Michigan deficiency judgments.
- Watch your mail and your door for the buyer's inspection notice. See the buyer's inspection notice.
Help and scam warning
After a sale, investors and "surplus recovery" companies may contact you. You can demand surplus from the sheriff yourself at no cost. Free help: Michigan Legal Help, the MSHDA Housing Education Locator, and the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738. See after the foreclosure sale in Michigan.
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
Where do I find my Michigan redemption date?
At the county register of deeds. The deed is endorsed with the date it becomes operative, and MCL 600.3240(2) says the redemption date is stated on the certificate of sale. The buyer's recorded affidavit states the exact amount.
Who do I pay to redeem my Michigan home?
The buyer, the buyer's representative, or the register of deeds where the deed is held (MCL 600.3240(1)). The register charges a $5 custody fee. Get the amount in writing first.
Do I have to pay my mortgage during the Michigan redemption period?
No. Michigan Legal Help says you can live in the home without paying the mortgage. Many people use the time to save toward redeeming or to plan a move, but you must not damage 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.
- 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.