- Who sends it
- The district court issues it at the buyer's request; it is served on you in person, by mail or by posting
- What it starts
- A summary eviction case with a court date usually within 10 days of the summons
- Do this first
- Find the court date and time on the summons and plan to be there
What this document is in Michigan
Michigan law lets the buyer recover possession through a fast court case called a summary proceeding when a person stays in a home sold under a mortgage after the time to redeem has run out (MCL 600.5714(1)(g)). The court uses the statewide Summons, Landlord-Tenant (form DC 104), even though you are a former owner and not a tenant. The buyer usually files a Complaint to Recover Possession of Property (form DC 102c).
Unlike most rent cases, the statute for this kind of case does not list a written demand for possession that must come first. The complaint form asks the buyer to attach a notice to quit or demand for possession "if any". The national summons and complaint page covers foreclosure lawsuits in other states.
Your court date and how it is set
- Under the usual rule, the summons orders you to appear for trial within 10 days of the date it was issued, and it must be served at least 3 days before that date (MCL 600.5735(2)(b)).
- Some courts use a local rule instead: you must appear within 5 days after you are served (MCL 600.5735(4)).
- The case must generally be heard within 7 days after your appearance or trial date (MCL 600.5735(6)).
- The summons says that if you are not in court on time you may be evicted without a trial and a money judgment may be entered against you. It also says you have a right to a jury trial, which you lose if you do not demand it and pay the jury fee at the first hearing or within 5 days after the court explains your rights.
What it does and does not mean
- It is not an order to leave. The judge decides at the hearing.
- If the judge enters a judgment for possession, the court generally cannot issue the order of eviction until 10 days after that judgment (MCL 600.5744(5)). See order of eviction.
- Michigan Legal Help says this kind of eviction is difficult to defend unless there was something wrong with the foreclosure. If you think there was, talk to a lawyer before the court date.
What to do this week
- Read the summons for the court address, date, time and courtroom. Ask the court right away if you need a disability accommodation or an interpreter.
- Bring the foreclosure notice, the sheriff's deed, any redemption paperwork and any letters from the buyer.
- If you need time to move, ask the buyer or its lawyer in writing before the hearing. Michigan Legal Help says you can ask the new owner for more time if you have special circumstances.
- Get the summons' list of rights and local housing help, which should be attached.
Free help in Michigan
The summons itself points you to michiganlegalhelp.org and local legal aid, and to the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738 if you can hire a lawyer. Michigan Legal Help also lists lawyers who offer limited scope help for part of a case. See Michigan foreclosure help and 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
How fast is the court date on a Michigan eviction summons?
Usually within 10 days of the date the summons was issued, with service at least 3 days before (MCL 600.5735(2)(b)). Some courts instead require you to appear within 5 days after service. The date on your summons controls.
Can the buyer evict me before my Michigan redemption period ends?
Only in special cases: if you unreasonably refuse an inspection, or the home is damaged or about to be and you did not fix it after a 7-day notice (MCL 600.3238). Otherwise the case comes after the redemption period ends (MCL 600.5714(1)(g)).
Do I need to file a written answer to a Michigan eviction summons?
The most important step is to appear at the court date on the summons. That is where you can say why you should not be evicted. Ask legal aid whether you should also file anything in writing.
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.
- 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.