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 functions only and need to not be analyzed as legal recommendations.

In a default situation, a mortgagee (lender), land contract seller or lien claimant might 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 deals with Tax foreclosures at 1 South Main Street, Mt. Clemens, MI 48043. (586) 469-5190.

Foreclosure might occur through either a judicial procedure (leading to a Clerk's Deed) or by ad (leading to a Constable's Deed or Clerk's Deed). Land agreements might be foreclosed through judicial foreclosure action and the majority of mortgages/liens foreclosure process are through the Sheriff's Department by advertisement.

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

DOWNLOAD THE REQUEST FORM

Foreclosure by advertisement - Sheriff's Deed

( The recommendation in this area is made to a "Clerk's deed," also, since that type of deed may have resulted from a mortgage foreclosure.)

1. A composed notice of default is given by the mortgagee/lien claimant to the mortgagor/owner.
2. The notification of mortgage foreclosure sales for Macomb County residential or commercial properties are published in the Macomb County Legal News for 4 (4) successive weeks prior to the public auction. The paper publication generally sites the mortgagor name and legal description, instead of the residential or commercial property address. The residential or commercial property address might or may not be pointed out on the referenced taped mortgage document. A look for the residential or commercial property address may be acquired through among the following-- a see to Register of Deeds (search fees might apply) or online on your computer (charge card required for search fees) or possibly the regional tax records (city/township where residential or commercial property is situated).
3. On a selected date and time, a public auction is performed 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 (first flooring) of the Macomb County Court Building DIRECTIONS. The deputy constable who performs the sale is acting in the capacity of an "auctioneer.".
4. A Sheriff's deed or Clerk's deed is provided to the highest bidder, whom will be named as the grantee of the sale. If nobody quotes on the residential or commercial property, the loan provider or foreclosing party becomes (and is cited as) the beneficiary of the sale on the Sheriff's deed or Clerk's deed. If a third party bids on the residential or commercial property, the quote must be greater than the beginning auction quantity.
5. After the sale takes location, the deputy constable indications the affidavit of auctioneer. The Sheriff's deed will be tape-recorded within 20 days (or as soon as possible) after the sale. MCL 600.3232.
6. The initial taped Sheriff's deeds or Clerk's deeds are kept in the Register of Deeds office for the complete period of redemption. The last day to redeem is stated in the certificate signed by the deputy constable, attached to the Sheriff's deed or Clerk's deed. A redemption period can vary anywhere from 30 days, one month, 6 months, or one year, depending upon different aspects per MCL 600.3240; and MCL 600.3145. The redemption period may also 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 enabled per statute) on the residential or commercial property (after the Sheriff's sale or Clerk's sale) is entitled to recover these costs, with interest, if a redemption occurs. In order to be qualified to collect for these expenses, the purchaser must tape an affidavit and fulfill the requirements per statute. MCL 600.3145; MCL 600.3240. The Sheriff's deed or Clerk's deed grantee need to look for legal counsel, if necessary.
8. During the redemption duration, the mortgagor, mortgagor's heirs, administrators, or administrators or anybody legally declaring from or under the mortgagor may redeem the residential or commercial property. The redemption may occur through the Macomb County Register of Deeds Office or straight through the grantee (or beneficiary's representative or designee) of the Sheriff's deed or Clerk's deed by tendering the appropriate redemption quantity (and needed products if redeeming through Register of Deeds). The Register of Deeds will collect an additional $5 cost for the care and custody of the redemption money (for each foreclosure document being redeemed), pursuant to MCL 600.3240.
9. As permitted by statute, the Macomb County Register of Deeds office may identify the quantity needed for redemption if a request is sent, in addition to a cost of $25.00. CLICK HERE to download the demand kind. Register of Deeds will forward the redemption funds to the grantee of the sale and it will be figured out by the grantee of the sale if the quantity suffices for redemption.
10. If the Sheriff's deed or Clerk's deed beneficiary considers the funds to be adequate, it is the obligation of the Sheriff's deed or Clerk's deed grantee to prepare and tape-record a redemption certificate, pursuant to HB 929 and HB 931.
11. If no redemption happens, the Sheriff's deed or Clerk's deed ends up being personnel at the conclusion of the redemption duration.

Judicial foreclosure - Clerk's deed

1. In a judicial foreclosure, the land agreement seller, mortgagee or lien claimant files a complaint in Circuit Court after a default occurs.
2. The judge goes into a foreclosure judgment, which allows the land agreement seller, mortgagee or lien claimant to set up a foreclosure sale.
3. A public auction is performed. If a 3rd party quotes on the residential or commercial property, the greatest bidder will be gotten in as the grantee on the Clerk's deed. If there is no quote, the land contract seller/mortgagee or lien claimant name is entered on the deed as grantee.
4. The redemption duration is stated as the last day to redeem in the certificate signed by the deputy clerk (on behalf of the county clerk), connected to the Clerk's Deed. The redemption period may be six months from the date of sale or as set by the judge. The deed shall be tape-recorded within 20 days (or as quickly as possible) after the sale. MCL 600.3232.