Sec. 3241a.
For purposes of this chapter, if foreclosure proceedings have been commenced under this chapter against residential property not exceeding 4 units, there is a conclusive presumption that the premises have been abandoned if all of the following requirements are satisfied before the end of the redemption period:
(a) The mortgagee has made a personal inspection of the mortgaged premises and the inspection does not reveal that the mortgagor or persons claiming under the mortgagor are presently occupying or will occupy the premises.
(b) The mortgagee has posted a notice at the time of making the personal inspection and has mailed by certified mail, return receipt requested, a notice to the mortgagor at the mortgagor's last known address, which notices state that the mortgagee considers the premises abandoned and that the mortgagor will lose all rights of ownership 30 days after the foreclosure sale or when the time to provide the notice required by subdivision (c) expires, whichever is later, unless the mortgagor; the mortgagor's heirs or personal representative; or a person lawfully claiming from or under 1 of them provides the notice required by subdivision (c).
(c) Within 15 days after the notice required by subdivision (b) was posted and mailed, the mortgagor; the mortgagor's heirs or personal representative; or a person lawfully claiming from or under 1 of them has not given written notice by first-class mail to the mortgagee at an address provided by the mortgagee in the notices required by subdivision (b) stating that the premises are not abandoned.
History: Add. 1986, Act 94, Imd. Eff. May 7, 1986 ;-- Am. 2006, Act 579, Imd. Eff. Jan. 3, 2007 ;-- Am. 2014, Act 431, Imd. Eff. Dec. 30, 2014
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285)
Section 600.3201 - Foreclosure by Advertisement of Mortgage Containing Power of Sale; Exception.
Section 600.3205 - Repealed. 2014, Act 125, Eff. June 19, 2014.
Section 600.3205a-600.3205d - Repealed. 2012, Act 521, Eff. June 30, 2013.
Section 600.3205e - Repealed. 2014, Act 125, Eff. June 19, 2014.
Section 600.3206 - Repealed. 2014, Act 125, Eff. June 19, 2014.
Section 600.3208 - Notice of Foreclosure; Publication; Posting.
Section 600.3212 - Notice of Foreclosure by Advertisement; Contents.
Section 600.3216 - Sale; Time and Place.
Section 600.3220 - Sale; Adjournment; Notice; Posting; Publication.
Section 600.3224 - Sale of Distinct Parcels.
Section 600.3228 - Sale; Purchase by Mortgagee or Assigns.
Section 600.3236 - Deed of Sale; Effect Upon Failure to Redeem; Prior Liens.
Section 600.3241 - Abandonment of Premises; Presumption.
Section 600.3244 - Redemption; Destruction of Deed; Record.
Section 600.3248 - Redemption; Refusal to Certify Payment; Civil Liability.
Section 600.3252 - Disposition of Surplus Money.
Section 600.3260 - Affidavits to Perpetuate Evidence of Sale; Persons to Take.
Section 600.3264 - Affidavits to Perpetuate Evidence of Sale; Record; Evidence.
Section 600.3268 - Marginal Notes to Record of Mortgages.
Section 600.3272 - Repealed. 2004, Act 538, Eff. Mar. 30, 2005.
Section 600.3276 - Posting of Notices; Mortgagee's Right of Entry.
Section 600.3280 - Foreclosure by Advertisement; Deficiency; Defenses.