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

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This page is offered as informative purposes only and should not be translated as legal advice.

In a default circumstance, 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 may occur through either a judicial process (leading to a Clerk's Deed) or by ad (resulting in a Constable's Deed or Clerk's Deed). Land contracts may be foreclosed through judicial foreclosure action and a lot of 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 quantity. The Payoff Letter fee is $25.

DOWNLOAD THE REQUEST FORM

Foreclosure by advertisement - Sheriff's Deed

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

1. A composed notification of default is given by the mortgagee/lien complaintant to the mortgagor/owner.
2. The notice of mortgage foreclosure sales for Macomb County residential or commercial properties are published in the Macomb County Legal News for four (4) successive weeks prior to the public auction. The paper publication usually websites the mortgagor name and legal description, rather than the residential or commercial property address. The residential or commercial property address may or may not be mentioned on the referenced taped mortgage file. A look for the residential or commercial property address might be gotten through one of the following-- a see to Register of Deeds (search charges might apply) or online on your computer system (charge card required for search costs) or perhaps the local tax records (city/township where residential or commercial property is located).
3. On a designated date and time, a public auction is carried out 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 (very first flooring) of the Macomb County Court Building DIRECTIONS. The deputy sheriff who conducts the sale is acting in the capability of an "auctioneer.".
4. A Sheriff's deed or Clerk's deed is issued to the greatest bidder, whom will be named as the beneficiary of the sale. If no one quotes on the residential or commercial property, the lender or foreclosing party becomes (and is mentioned as) the beneficiary 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 quantity.
5. After the sale takes place, the deputy constable signs 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 original taped Sheriff's deeds or Clerk's deeds are held in the Register of Deeds office for the complete 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 duration can range anywhere from 1 month, one month, six months, or one year, depending on different elements per MCL 600.3240; and MCL 600.3145. The redemption period may also be impacted 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 items permitted per statute) on the residential or commercial property (after the Sheriff's sale or Clerk's sale) is entitled to recover these expenditures, with interest, if a redemption occurs. In order to be eligible to collect for these expenditures, the buyer needs to tape-record an affidavit and meet the requirements per statute. MCL 600.3145; MCL 600.3240. The Sheriff's deed or Clerk's deed grantee ought to seek legal counsel, if required.
8. During the redemption duration, the mortgagor, mortgagor's beneficiaries, executors, or administrators or any person 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 directly through the grantee (or beneficiary's agent or designee) of the Sheriff's deed or Clerk's deed by tendering the correct redemption amount (and required items if redeeming through Register of Deeds). The Register of Deeds will gather an extra $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 workplace may determine the quantity necessary for redemption if a demand is submitted, together with a fee of $25.00. CLICK ON THIS LINK to download the demand type. Register of Deeds will forward the redemption funds to the grantee of the sale and it will be figured out by the beneficiary of the sale if the amount suffices for redemption.
10. If the Sheriff's deed or Clerk's deed grantee considers the funds to be adequate, it is the obligation of the Sheriff's deed or Clerk's deed grantee to prepare and 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 ends up being personnel at the conclusion of the redemption period.

Judicial foreclosure - Clerk's deed

1. In a judicial foreclosure, the land agreement seller, mortgagee or lien claimant files a grievance in Circuit Court after a default takes place.
2. The judge enters a foreclosure judgment, which allows the land agreement seller, mortgagee or lien complaintant to set up a foreclosure sale.
3. A public auction is carried out. If a third party bids on the residential or commercial property, the highest bidder will be gotten in as the beneficiary on the Clerk's deed. If there is no quote, 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 may be 6 months from the date of sale or as set by the judge. The deed shall be tape-recorded within 20 days (or as soon as possible) after the sale. MCL 600.3232.