Michigan Real Property

Advice of Rights on Residential Mortgage Foreclosure Michigan

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Thursday, 02 September 2010 18:25

Under recent legislation, Michigan has adopted provisions for preliminary notice to debtors when a residential mortgage is foreclosed.  The bank is required to give 14 prior days notice of available credit counseling services.  More importantly the bank provides notices that the owner has a right to consult an attorney and that the attorney (or other agent) can demand a face to face meeting with the bank.  This must occur.

Once the demand is made the foreclosure is set off for at least 90 days.  The parties are required to negotiate in good for an adjustment of the mortgage.

Most interestingly the act does not say what is to happen if an agreement can not be reached.  If the homeowner does not like the bank's position the homeowner can sue in court and ask for a "judicial foreclosure".  If the bank is unsure as to the status of the negotiations, the bank may elect to proceed to judicial foreclosure.  Again, the statute does not suggest that the circuit court can cram down a principal reduction, but the act clearly implies that is the intent.

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Adverse Possession in Michigan Real Property Law

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Friday, 15 January 2010 15:17
Serving our clients in Western Washtenaw and the neighboring rural counties of Jackson, Lenawee, Ingham and Livingston, it is not unusual for a client to ask about a claim of title either in their own name or out of concern that it might be used against him or her. Many people have heard of the doctrine of title through adverse possession but it is often misunderstood or misquoted from a recent Perry Mason rerun

Adverse Possession is a doctrine of title wherein a person can establish title to, or "ownership" of a piece of real estate through a time period of using land that is not his or here to begin with. Whether the facts of a certain scenario amount to enough for a person to make such a claim is the subject of a long history of many court decisions that make up this body of law.

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