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

More info

Register of Deeds
Common file problems
Fraud Notify signals
Mortgage foreclosure
Real estate legal citations
Recording fees
Recording requirements
Register of Deeds FAQ
Search alternatives
Status of recorded documents
Transfer tax

I wish to:

Adopt an animal
CPL license
For a career
Marriage license
Soil disintegration license

An inmate
Birth/Death certificate
Election info
Live court case
Record search
Veteran benefits

Court costs
Dog license
Residential or commercial property taxes
Road allow

County charitable chances

This page is offered as informational functions only and need to not be interpreted as legal guidance.

In a default situation, a mortgagee (lender), land agreement seller or lien complaintant 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 occur through either a judicial process (resulting in a Clerk's Deed) or by ad (resulting in a Constable's Deed or Clerk's Deed). Land contracts might be foreclosed through judicial foreclosure action and most mortgages/liens foreclosure procedure are through the Sheriff's Department by ad.

Homeowners in foreclosure may request a "Payoff Letter" through the Register of Deeds to discover the redemption amount. The Payoff Letter cost is $25.

DOWNLOAD THE REQUEST FORM

Foreclosure by advertisement - Sheriff's Deed

( The reference in this section is made to a "Clerk's deed," also, because that kind of deed might have resulted from a mortgage foreclosure.)

1. A written notification of default is provided by the mortgagee/lien claimant 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 public auction. The paper publication typically sites the mortgagor name and legal description, rather than the residential or commercial property address. The residential or commercial property address might or may not be mentioned on the referenced documented mortgage file. A look for the residential or commercial property address may be gotten through among the following-- a visit to Register of Deeds (search charges may use) or online on your computer (charge card needed for search fees) or potentially the local tax records (city/township where residential or commercial property lies).
3. On an appointed date and time, a public auction is conducted at the court house by a deputy sheriff. The general public auction is held every Friday morning at 10:00 a.m. in the Jury Room (first flooring) of the Macomb County Court Building DIRECTIONS. The deputy sheriff who conducts 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 beneficiary of the sale. If nobody quotes on the residential or commercial property, the loan provider or foreclosing celebration ends up being (and is cited as) the beneficiary of the sale on the Sheriff's deed or Clerk's deed. If a 3rd celebration quotes on the residential or commercial property, the quote should be higher than the beginning auction quantity.
5. After the sale happens, the deputy constable indications the affidavit of auctioneer. The Sheriff's deed shall be tape-recorded within 20 days (or as quickly as possible) after the sale. MCL 600.3232.
6. The original recorded Sheriff's deeds or Clerk's deeds are held in the Register of Deeds office for the complete period 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 vary anywhere from 30 days, one month, 6 months, or one year, depending on various factors 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 beneficiary of the foreclosed (mortgage) residential or commercial property who pays taxes or insurance coverage (or products permitted per statute) on the residential or commercial property (after the Sheriff's sale or Clerk's sale) is entitled to recover these expenses, with interest, if a redemption happens. In order to be qualified to gather 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 beneficiary must look for legal counsel, if necessary.
8. During the redemption duration, the mortgagor, mortgagor's heirs, administrators, or administrators or anyone legally 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 straight through the beneficiary (or grantee's representative or designee) of the Sheriff's deed or Clerk's deed by tendering the proper redemption quantity (and required items if redeeming through Register of Deeds). The Register of Deeds will gather an additional $5 charge for the care and custody of the redemption cash (for each foreclosure document being redeemed), pursuant to MCL 600.3240.
9. As allowed by statute, the Macomb County Register of Deeds workplace may identify the quantity required for redemption if a demand is sent, in addition to a fee of $25.00. CLICK HERE to download the request form. Register of Deeds will forward the redemption funds to the grantee of the sale and it will be identified by the grantee of the sale if the amount suffices for redemption.
10. If the Sheriff's deed or Clerk's deed beneficiary considers the funds to be sufficient, it is the duty of the Sheriff's deed or Clerk's deed beneficiary to prepare and tape-record a redemption certificate, pursuant to HB 929 and HB 931.
11. If no redemption takes place, the Sheriff's deed or Clerk's deed becomes operative 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 grievance in Circuit Court after a default takes place.
2. The judge gets in a foreclosure judgment, which permits the land agreement seller, mortgagee or lien plaintiff to set up a foreclosure sale.
3. A public auction is conducted. If a third party bids on the residential or commercial property, the highest bidder will be gotten in as the grantee on the Clerk's deed. If there is no bid, the land contract seller/mortgagee or lien claimant name is entered upon the deed as beneficiary.
4. The redemption period is mentioned 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 duration might be six months from the date of sale or as set by the judge. The deed shall be recorded within 20 days (or as quickly as possible) after the sale. MCL 600.3232.