The Foreclosure Process

Foreclosure/Eviction in Michigan

Note: Dates are approximate. This timetable sets forth the usual steps in a normal foreclosure. Dates can vary wildly depending upon many factors and you should consult your attorney for the schedule on any particular foreclosure referral.

Day 1

Mortgage Company ships file to Steve Sowell to commence foreclosure proceedings. Upon receipt, he orders title work and sends a demand letter to the mortgagor(s)

Day 7

Title is reviewed. If title indicates the file is OK to start publication, a sale date is picked and publication notice is prepared and faxed to the appropriate legal news. The client is notified of the sale date and provided a copy of the title work. Publication must continue for 5 weeks. Steve Sowell arranges for posting of the property.

Day 21

The property is posted with notice of the foreclosure.

Day 35 (at least 7 days before sale)

The client provides Steve Sowell with a foreclosure sale bid.

Day 42

A sheriff's sale is held. Steve Sowell prepares the bid sheet, sheriff's deed, affidavit of posting, affidavit of publication, nonmilitary affidavit, and instructions to sheriff.

Day 62

The Sheriff's Deed must be recorded by this date for the redemption period to be measured from the date of sale. Otherwise, the redemption period is measured from the date of recording of the Sheriff's Deed.

Day 222 (6 months from sale)

The redemption period expires. The Mortgage Company should arrange for an inspection the next day to determine if the property is still occupied.

Day 223

If the property is occupied, the Mortgage Company can commence eviction proceedings. The attorney prepares a summons and complaint and files it with the applicable district court.

Day 233

Eviction hearing. If no defenses are raised, a judgment of possession is entered. Michigan law provides that the occupants may not be evicted for a minimum of 10 days from the date of judgment. The court and/or the parties may provide for a longer period.

Day 243

The Mortgage Company should arrange for an inspection on this date to determine if the property is occupied. If so, the attorney should be notified so that he can file a writ of restitution (order to bailiff to go out and throw out the occupants).

Day 248 (approximately)

The occupants are evicted. The Mortgage Company should arrange for a securing crew to meet the bailiff and secure the property so the occupants do not move back in.

Day 1	Mortgage Company ships file to Steve Sowell to commence foreclosure proceedings. Upon receipt, he orders title work and sends a demand letter to the mortgagor(s)
Day 7	Title is reviewed. If title indicates the file is OK to start publication, a sale date is picked and publication notice is prepared and faxed to the appropriate legal news. The client is notified of the sale date and provided a copy of the title work. Publication must continue for 5 weeks. Steve Sowell arranges for posting of the property.
Day 21	The property is posted with notice of the foreclosure.
Day 35 (at least 7 days before sale)	The client provides Steve Sowell with a foreclosure sale bid.
Day 42	A sheriff's sale is held. Steve Sowell prepares the bid sheet, sheriff's deed, affidavit of posting, affidavit of publication, nonmilitary affidavit, and instructions to sheriff.
Day 62	The Sheriff's Deed must be recorded by this date for the redemption period to be measured from the date of sale. Otherwise, the redemption period is measured from the date of recording of the Sheriff's Deed.
Day 222 (6 months from sale)	The redemption period expires. The Mortgage Company should arrange for an inspection the next day to determine if the property is still occupied.
Day 223	If the property is occupied, the Mortgage Company can commence eviction proceedings. The attorney prepares a summons and complaint and files it with the applicable district court.
Day 233	Eviction hearing. If no defenses are raised, a judgment of possession is entered. Michigan law provides that the occupants may not be evicted for a minimum of 10 days from the date of judgment. The court and/or the parties may provide for a longer period.
Day 243	The Mortgage Company should arrange for an inspection on this date to determine if the property is occupied. If so, the attorney should be notified so that he can file a writ of restitution (order to bailiff to go out and throw out the occupants).
Day 248 (approximately)	The occupants are evicted. The Mortgage Company should arrange for a securing crew to meet the bailiff and secure the property so the occupants do not move back in.