State Foreclosure Law
Michigan Foreclosure Laws
Michigan uses non-judicial foreclosure by advertisement (publication) as the primary method, governed by MCL 600.3201 et seq.
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
20 cited
32 needs check
8 gaps
Not legal advice. This page provides general information about Michigan foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — always confirm current statute text and consult a Michigan-licensed attorney for advice specific to your situation.
Governing Statutes
| Citation | Title | Covers |
|---|---|---|
| MCL 600.3201 et seq. | Foreclosure of Mortgages by Advertisement (Non-Judicial) | Primary statutory authority for non-judicial foreclosure by advertisement: conditions for use, notice requirements, publication, sheriff's sale, redemption period, deficiency rights |
| MCL 600.3204 | Conditions for Foreclosure by Advertisement | Three conditions that must be met before a mortgage may be foreclosed by advertisement: (1) mortgage contains a power of sale; (2) mortgage has been recorded; (3) default has occurred and 120-day federal wait has run |
| MCL 600.3205 | Notice to Borrower Before Publication (Pre-Foreclosure Notice) | Requirement to serve 14-day notice on borrower before first publication of foreclosure notice, informing borrower of right to housing counseling |
| MCL 600.3208 | Notice of Sale — Publication Requirements | Publication of notice of foreclosure sale in a county newspaper for 4 consecutive weeks; content requirements; posting at property and county courthouse |
| MCL 600.3236 | Sheriff's Sale Procedures | Conduct of foreclosure sale by county sheriff: public auction at courthouse, credit bids, bidding procedures, surplus funds |
| MCL 600.3240 | Redemption Period After Sale | 6-month redemption period for residential properties; 1-month period for abandoned properties; 12-month period for commercial/agricultural properties; borrower's right to possession during redemption |
| MCL 600.3241a | Abandoned Property — Reduced Redemption Period | Reduction of redemption period to 1 month if property has been abandoned for 35+ days as shown by affidavit |
| MCL 600.3280 | Deficiency Judgment — Fair Market Value Defense | After non-judicial sale, borrower may raise FMV of property at time of sale as a defense in any deficiency action; court determines FMV; deficiency limited to amount debt exceeds FMV |
| MCL 600.3101 et seq. | Foreclosure of Mortgages by Complaint (Judicial) | Alternative judicial foreclosure process by filing a complaint in circuit court; rarely used because non-judicial process is faster |
Non-Judicial Foreclosure Process
Awaiting verification1
Pre-Foreclosure Default and 120-Day Wait
At least 120 days after first delinquency (federal requirement)
Before initiating foreclosure, the servicer must comply with federal CFPB Regulation X: single point of contact, loss mitigation evaluation, and mandatory 120-day delinquency wait before making the first foreclosure filing. Michigan's MCL 600.3204 also requires the mortgage to be in default and recorded.
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14-Day Pre-Publication Notice to Borrower
At least 14 days before first publication
Before the first publication of the foreclosure notice, the lender/servicer must serve a 14-day notice on the borrower. The notice must inform the borrower of the right to seek housing counseling, the total amount needed to cure the default, and contact information for the lender. Service is by certified mail and posting on the property.
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Record Assignment and Prepare Notice of Sale
Before first publication
The lender or servicer must record all mortgage assignments so that the chain of title from origination to current holder is complete in the county records before publishing the foreclosure notice. The party foreclosing must have a properly recorded chain of title.
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Publication of Notice of Sale (4 Consecutive Weeks)
4 weeks of consecutive publication; sale at least 28 days after first publication
The Notice of Sale must be published in a newspaper printed in the county where the property is located for 4 consecutive weeks (4 insertions, one per week). The notice must include: property legal description, street address, amount due, sale date and time, name of original mortgagor, name of current holder, and name of foreclosing attorney.
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5
Posting on Property and at Courthouse
At least 15 days before sale
In addition to publication, the Notice of Sale must be physically posted on the property itself at least 15 days before the sale. Some counties also require posting at the county courthouse. The posting must be prominently displayed at the property.
6
Sheriff's Sale (Public Auction)
At least 28 days after first publication; typically 5-6 weeks after first publication
The property is sold at public auction at the county courthouse by the county sheriff on the date specified in the Notice. The highest bidder wins. The lender may credit bid up to the outstanding debt. The successful purchaser receives a Sheriff's Certificate (not a deed) at the time of sale — the actual deed is issued only after the redemption period expires.
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Redemption Period (6 Months Standard)
6 months from date of sale (standard); 1 month if abandoned; 3 months if balance ≤ 2/3 of original loan
After the sheriff's sale, Michigan law provides a 6-month redemption period for residential properties (less than 3 acres with a dwelling). During this period: (1) the borrower (or any party with a recorded interest) may redeem the property by paying the full sale price plus interest; (2) the former owner may remain in possession of the property; (3) the former owner remains responsible for property taxes and insurance. If the property is found to be abandoned for 35+ days (by affidavit), the redemption period is reduced to 1 month. If the outstanding balance at time of sale was 2/3 or less of the original principal, the redemption period may be reduced to 3 months.
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Expiration of Redemption / Sheriff's Deed
At end of redemption period (6 months or less from sale)
If no redemption occurs, at the expiration of the redemption period the purchaser's Sheriff's Certificate converts to a full Sheriff's Deed (MCL 600.3236, 600.3240). The Sheriff's Deed is recorded and vests fee simple title in the purchaser. The former owner loses all right, title, and interest in the property. Eviction proceedings may then be initiated.
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Summary Proceedings / Eviction (If Necessary)
After redemption period expires; eviction proceedings typically 30-60 additional days
After the redemption period expires, if the former owner or tenants have not vacated, the new owner may file summary proceedings in District Court for possession. Federal PTFA provides 90-day notice to bona fide tenants. Detroit Land Bank and other local programs may also be involved in vacant property management.
Homeowner Protections
Awaiting verificationHomestead Exemption
$40,475 per person (adjusted periodically); may be doubled for married couples in bankruptcy — $80,950 combined. Additional $15,000 exemption available for homestead in some circumstances. Amounts subject to periodic adjustment.
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Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed with limitations
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Michigan does not have a specific short window for deficiency actions like some states. The lender may bring a separate civil action for deficiency after the redemption period expires and the sheriff's deed vests.
Right of Redemption
6 months after the sheriff's sale for residential properties (standard).
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Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
Borrower may reinstate the mortgage at any time before the sheriff's sale by paying all arrears, fees, and costs (not the full accelerated balance)
All arrears, late charges, attorney fees, and costs — not the full accelerated balance pre-sale
Mediation
Michigan does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
Free Legal Resources in Michigan
- Legal Aid & Defender Association of DetroitWayne County (Detroit metro) legal aid.ladadetroit.org →
- Michigan Legal Help / Wolverine Legal AidStatewide online self-help portal and referrals legal aid.michiganlegalhelp.org →
- Neighborhood Legal Services of MichiganOakland County and surrounding communities legal aid.nlsmi.org →
- Michigan Advocacy ProgramWestern Michigan (Grand Rapids area) legal aid.legalaidwestmichigan.org →
- Legal Services of South Central MichiganWashtenaw, Lenawee, and Monroe counties legal aid.lsscm.org →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in Michigan. Can help with loan modification applications, mediation preparation, and understanding your options.Find a counselor in Michigan →
- Michigan DIFS Consumer HotlineComplaints about mortgage servicers and lenders regulated in Michigan1-877-999-6442 →
- Michigan AG Consumer Protection HotlineMortgage fraud and foreclosure rescue scam complaints1-877-765-8388 →
- MIHAF / MSHDA HotlineMichigan Homeowner Assistance Fund inquiries and applications1-844-756-4423 →
- Michigan Legal Help HotlineLegal referrals for low-income Michigan homeowners facing foreclosure1-844-732-7439 →
- State Bar of Michigan Lawyer Referral ServiceLawyer referral service for your area.lrs.michbar.org →
- Detroit Metropolitan Bar Association Pro BonoPro bono foreclosure defense and housing law services in the Detroit metropolitan areadetroitlawyer.org →
- State Bar of Michigan Pro Bono InitiativesCoordinates statewide pro bono legal services including foreclosure defensemichbar.org/alawyerhelps/probonoservmi →
Find Help in Michigan
We maintain a verified directory of free and low-cost help providers in Michigan. All are government-approved or federally funded.
National Foreclosure Guides
These guides explain foreclosure at the federal level — your rights, your options, and what to do at each stage. They apply in every state, including Michigan.
Facing Foreclosure?
Overview of the process, your options, and where to get free help
How to Stop Foreclosure
Steps you can take today — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
What to do if you've missed a payment or know you'll miss one soon
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure
Michigan Distress Data
The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Michigan homeowners:
Foreclosure Filings
National trend
Michigan has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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If you're facing foreclosure in Michigan, free help is available right now. Call the Michigan DIFS Consumer Hotline at 1-877-999-6442 or find a HUD-approved housing counselor near you at no cost.