Welcome to the Mortgage Foreclosure info page of the Macomb County Clerk/ Register of Deeds site.

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This page is given as informational purposes only and ought to not be translated as legal recommendations.

In a default situation, a mortgagee (lending institution), land agreement seller or lien claimant may foreclose on the residential or commercial property. The Macomb County Register of Deeds records foreclosure deeds of mortgages, liens and land agreements (Sheriff's Deed or Clerk's Deed). The Macomb County Treasurer Office handles Tax foreclosures at 1 South Main Street, Mt. Clemens, MI 48043. (586) 469-5190.

Foreclosure may happen through either a judicial procedure (resulting in a Clerk's Deed) or by ad (resulting in a Constable's Deed or Clerk's Deed). Land agreements may be foreclosed through judicial foreclosure action and a lot of mortgages/liens foreclosure procedure are through the Sheriff's Department by advertisement.

Homeowners in foreclosure might request a "Payoff Letter" through the Register of Deeds to discover the redemption quantity. The Payoff Letter charge is $25.

DOWNLOAD THE REQUEST FORM

Foreclosure by ad - Sheriff's Deed

( The reference in this area is made to a "Clerk's deed," too, because that type of deed might have arised from a mortgage foreclosure.)

1. A composed notification of default is offered by the mortgagee/lien complaintant to the mortgagor/owner. 2. The notification of mortgage foreclosure sales for Macomb County residential or commercial properties are released in the Macomb County Legal News for 4 (4) successive weeks prior to the general public auction. The paper publication generally websites the mortgagor name and legal description, instead of the residential or commercial property address. The residential or commercial property address might or might not be pointed out on the referenced recorded mortgage document. A look for the residential or commercial property address may be gotten through one of the following-- a see to Register of Deeds (search charges may use) or online on your computer (charge card needed for search charges) or possibly the regional tax records (city/township where residential or commercial property lies). 3. On an appointed date and time, a public auction is carried out at the courthouse by a deputy constable. The public auction is held every Friday early morning at 10:00 a.m. in the Jury Room (very first flooring) of the Macomb County Court Building DIRECTIONS. The deputy constable who conducts the sale is acting in the capability of an "auctioneer.". 4. A Constable's deed or Clerk's deed is released to the greatest bidder, whom will be called as the grantee of the sale. If no one bids on the residential or commercial property, the loan provider or foreclosing party ends up being (and is pointed out as) the grantee of the sale on the Sheriff's deed or Clerk's deed. If a 3rd party quotes on the residential or commercial property, the bid must be greater than the beginning auction amount. 5. After the sale occurs, the deputy constable indications the affidavit of auctioneer. The Sheriff's deed shall be taped within 20 days (or as quickly as possible) after the sale. MCL 600.3232. 6. The initial recorded Sheriff's deeds or Clerk's deeds are held in the Register of Deeds workplace for the full duration of redemption. The last day to redeem is specified in the certificate signed by the deputy constable, connected to the Sheriff's deed or Clerk's deed. A redemption period can range anywhere from 1 month, one month, six months, or one year, depending upon numerous factors per MCL 600.3240; and MCL 600.3145. The redemption duration may likewise be affected or reduced by MCL 600.3241; MCL 600.3241 a; MCLA 600.3238 (6 ). 7. Any Sheriff's deed or Clerk's deed grantee of the foreclosed (mortgage) residential or commercial property who pays taxes or insurance (or products allowed per statute) on the residential or commercial property (after the Sheriff's sale or Clerk's sale) is entitled to recuperate these expenditures, with interest, if a redemption takes place. In order to be eligible to collect for these expenditures, the purchaser must tape an affidavit and meet the requirements per statute. MCL 600.3145; MCL 600.3240. The Sheriff's deed or Clerk's deed beneficiary should seek legal counsel, if necessary. 8. During the redemption period, the mortgagor, mortgagor's successors, executors, or administrators or any person lawfully declaring from or under the mortgagor may redeem the residential or commercial property. The redemption may happen through the Macomb County Register of Deeds Office or directly through the beneficiary (or grantee's agent or designee) of the Sheriff's deed or Clerk's deed by tendering the correct redemption amount (and required products if redeeming through Register of Deeds). The Register of Deeds will gather an additional $5 charge for the care and custody of the redemption money (for each foreclosure document being redeemed), pursuant to MCL 600.3240. 9. As enabled by statute, the Macomb County Register of Deeds workplace may determine the quantity required for redemption if a request is submitted, in addition to a charge of $25.00. CLICK ON THIS LINK to download the request form. Register of Deeds will forward the redemption funds to the beneficiary of the sale and it will be figured out by the beneficiary of the sale if the amount is enough for redemption. 10. If the Sheriff's deed or Clerk's deed grantee considers the funds to be sufficient, it is the responsibility of the or Clerk's deed beneficiary to prepare and tape a redemption certificate, pursuant to HB 929 and HB 931. 11. If no redemption happens, the Sheriff's deed or Clerk's deed becomes personnel at the conclusion of the redemption period.

Judicial foreclosure - Clerk's deed

1. In a judicial foreclosure, the land contract seller, mortgagee or lien claimant files a problem in Circuit Court after a default takes place. 2. The judge goes into a foreclosure judgment, which allows the land contract seller, mortgagee or lien plaintiff to schedule a foreclosure sale. 3. A public auction is carried out. If a 3rd celebration bids on the residential or commercial property, the greatest bidder will be entered as the grantee on the Clerk's deed. If there is no bid, the land agreement seller/mortgagee or lien claimant name is entered upon the deed as beneficiary. 4. The redemption period is specified as the last day to redeem in the certificate signed by the deputy clerk (on behalf of the county clerk), attached to the Clerk's Deed. The redemption duration may be 6 months from the date of sale or as set by the judge. The deed will be tape-recorded within 20 days (or as soon as possible) after the sale. MCL 600.3232.