Bill Summary – FastDemocracy

HOUSE BILL NO. 6031
     November 07, 2024, Introduced by Rep. Andrews and referred to the Committee on Judiciary.
          A bill to amend 1961 PA 236, entitled
    "Revised judicature act of 1961,"
    by amending sections 3208, 3212, 3216, and 3220 (MCL 600.3208,
3212, 600.3216, and 600.3220), section 3212 as amended by 2019
    PA 142.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 3208. (1) Notice that the a mortgage will be foreclosed
 under this chapter by a sale of the mortgaged premises, or some
 part of them, shall the premises, must be given by publishing the
 same notice for 4 successive weeks at least once in each week, in a
    TDR                                                                               H05174'24
                                         2
 newspaper published in the county where the premises included in
 the mortgage and intended to be sold, or some part of them, are
 situated. the premises, is located. If no newspaper is published in
 the county, the notice shall must be published in a newspaper
 published in an adjacent county. In every case within
       (2) Within 15 days after the first publication of the notice
 under subsection (1), a true copy shall or the notice must be
 posted in a conspicuous place upon on any part of the premises
 described in the notice.
       (3) If the sale of the premises is to be held online, the
 person conducting the sale shall post notice of the sale on the
 website of the county in which the premises, or part of the
 premises, is located and shall give notice of the sale by any other
 means that the person considers necessary to ensure that the public
 is aware of the sale.
       Sec. 3212. (1) A notice of foreclosure by advertisement must
 include all of the following:
       (a) The names of the mortgagor, the original mortgagee, and
 the foreclosing assignee, if any.
       (b) The date of the mortgage and the date the mortgage was
 recorded.
       (c) The amount claimed to be due on the mortgage on the date
 of the notice.
       (d) A description of the mortgaged premises that substantially
 conforms with the description contained in the mortgage.
       (e) A description of the property by giving its street
 address, if any. The validity of the notice and the validity of any
 eventual sale under this chapter are not affected by the fact that
 the street address in the notice is erroneous or that the street
     TDR                                                        H05174'24
                                       3
 address is omitted.
       (f) For a mortgage executed after December 31, 1964, the
 length of the redemption period as determined under section 3240.
       (g) A statement that if the property is sold at a foreclosure
 sale under this chapter, under section 3278 the borrower will be
 held responsible to the person who buys the property at the
 mortgage foreclosure sale or to the mortgage holder for damaging
 the property during the redemption period.
       (h) The name, address, and telephone number of the attorney
 for the party foreclosing the mortgage.
       (i) For a residential mortgage, a statement in the following
 form: "Attention homeowner: If you are a military service member on
 active duty, if your period of active duty has concluded less than
 90 days ago, or if you have been ordered to active duty, please
 contact the attorney for the party foreclosing the mortgage at the
 telephone number stated in this notice.".
       (j) A statement Statements in the following form:
       (i) "Notice of foreclosure by advertisement. Notice is given
 under section 3212 of the revised judicature act of 1961, 1961 PA
 236, MCL 600.3212, that the following mortgage described in this
 notice will be foreclosed by a sale of the mortgaged premises, or
 some part of them, the mortgaged premises, at a public auction sale
 to the highest bidder for cash or cashier's check at the place of
 holding the circuit court in ________ County, starting promptly at
 (time), on (date).(date).".
       (ii) One of the following statements, as applicable:
       (A) "The public auction sale will be conducted in person at
 the place that the circuit court is held in ________ County. The
 mortgaged premises will be sold for cash, a cashier's check, or a
     TDR                                                          H05174'24
                                       4
 wire transfer.".
       (B) "The public auction sale will be held online. Details of
 how to participate in or observe the online auction, and how the
 mortgaged premises will be sold, may be viewed at (website
 address).".
       (iii) The "The amount due on the mortgage may be greater on the
 day of the sale. Placing the highest bid at the sale does not
 automatically entitle the purchaser to free and clear ownership of
 the property. A potential purchaser is encouraged to contact the
 county register of deeds office or a title insurance company,
 either of which may charge a fee for this information.".
       (2) The party foreclosing the mortgage shall not publish a
 notice of foreclosure under this chapter in a newspaper in which
 the party foreclosing, or its agent, has a majority ownership
 interest.
       Sec. 3216. (1) The A sale shall of mortgaged property under
 this chapter must be conducted at a public sale, held between the
 hour of 9 o'clock in the forenoon and 4 o'clock in the afternoon,
 at 9:00 a.m. and 4:00 p.m. The sale may be conducted in either of
 the following ways:
       (a) In person at the place of holding where the circuit court
 within is held in the county in which the premises to be sold, or
 some part of them, are situated, and shall the premises, is
 located.
       (b) Online. The person conducting the sale shall ensure that
 the online auction platform used is secure, reliable, and
 accessible to all interested bidders.
       (2) The sale under subsection (1) must be made by the person
 appointed for that purpose in the mortgage, or by the sheriff,
     TDR                                                          H05174'24
                                       5
 undersheriff, or a deputy sheriff of the county, to the highest
 bidder.
       Sec. 3220. (1) Such A sale of mortgaged property under this
 chapter may be adjourned from time to time, by the sheriff or other
 officer or person appointed to make such the sale, at the request
 of the party in whose name the notice of sale is published by
 posting a notice of such the adjournment before or at the time of
 and at the place where said the sale.
       (2) Unless the sale is to be made , and if any online, the
 notice of adjournment under this section must be posted at the
 place where the sale is to be conducted. If the sale is to be made
 online, the notice of adjournment must be posted in a highly
 visible manner on the platform on which the sale was to be
 conducted and on the website of the county on which notice of the
 sale was previously posted, and must be given by any other means
 that the notice of sale was previously given under section 3208(3).
       (3) If an adjournment be of a sale under this section is for
 more than 1 week at one time, the notice thereof, appended to of
 adjournment and the original notice of sale , shall must also be
 published in the newspaper in which the original notice was
 published, the first publication to be within 10 days of the date
 from which the sale was adjourned and thereafter after the first
 publication once in each full secular week during the time for
 which such the sale shall be is adjourned. No
       (4) An oral announcement of any an adjournment shall be under
 this section is not necessary.
     TDR                          Final Page                      H05174'24
Statutes affected: 
House Introduced Bill: 600.3208