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ARTICLE · 09 FEBRUARY 2012

Avoiding Pitfalls In Home Mortgage Foreclosures: Recent Changes To Michigan Law

Michigan’s Governor Rick Snyder recently signed into law three bills regulating mortgage foreclosure by advertisement proceedings in the State of Michigan.

United StatesFinance and Banking

Michigan's Governor Rick Snyder recently signed into law three bills regulating mortgage foreclosure by advertisement proceedings in the State of Michigan. These bills are denominated as Public Acts of 2011 ## 301-303, which affect certain provisions of MCL §§ 600.3201, et seq. These bills became effective upon their signing but most of their provisions apply to foreclosures for which the initial notice is sent on or after Feb. 1, 2012.

Most, but not all, of these statutory changes affect foreclosure of mortgages encumbering homestead property. In 2009, the Michigan legislature enacted the Residential Mortgage Foreclosure Reform Act, which changed certain procedures for foreclosure by advertisement on homestead property. This act granted to homeowners certain protections including requiring lenders to transmit specific notices to homeowners by mail and by publication and also to grant the homeowner an opportunity to negotiate modifications to their home mortgage

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