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

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This page is offered as informational functions only and should not be translated as legal guidance.

In a default scenario, a mortgagee (loan provider), land contract 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 happen through either a judicial procedure (leading to a Clerk's Deed) or by advertisement (resulting in a Constable's Deed or Clerk's Deed). Land contracts may be foreclosed through judicial foreclosure action and many mortgages/liens foreclosure process are through the Sheriff's Department by advertisement.

Homeowners in foreclosure might ask for 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 ad - Sheriff's Deed

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

1. A composed notification of default is offered 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 typically websites the mortgagor name and legal description, rather than the residential or commercial property address. The residential or commercial property address might or might not be cited on the referenced recorded mortgage document. A search for the residential or commercial property address might be gotten through among the following-- a visit to Register of Deeds (search charges might apply) or online on your computer system (credit card needed for search costs) or possibly the local tax records (city/township where residential or commercial property lies).
3. On a designated date and time, a public auction is conducted at the courthouse by a deputy constable. The general public auction is held every Friday early morning at 10:00 a.m. in the Jury Room (first floor) of the Macomb County Court Building DIRECTIONS. The deputy constable who conducts the sale is acting in the capacity of an "auctioneer.".
4. A Constable's deed or Clerk's deed is issued to the greatest bidder, whom will be named as the grantee of the sale. If no one bids 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 bid needs to be greater than the beginning auction quantity.
5. After the sale happens, the deputy sheriff signs 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 original documented Sheriff's deeds or Clerk's deeds are kept in the Register of Deeds workplace for the complete duration of redemption. The last day to redeem is specified in the certificate signed by the deputy sheriff, connected to the Sheriff's deed or Clerk's deed. A redemption period can range 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 might likewise 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 coverage (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 costs, with interest, if a redemption takes place. In order to be eligible to gather for these expenditures, the buyer needs to record an affidavit and fulfill the requirements per statute. MCL 600.3145; MCL 600.3240. The Sheriff's deed or Clerk's deed beneficiary need to look for legal counsel, if essential.
8. During the redemption period, the mortgagor, mortgagor's heirs, administrators, or administrators or anybody lawfully claiming from or under the mortgagor may redeem the residential or commercial property. The redemption might occur through the Macomb County Register of Deeds Office or straight through the beneficiary (or beneficiary's agent or designee) of the Sheriff's deed or Clerk's deed by tendering the correct redemption quantity (and required items if redeeming through Register of Deeds). The Register of Deeds will gather an extra $5 charge for the care and custody of the redemption money (for each foreclosure file being redeemed), pursuant to MCL 600.3240.
9. As allowed by statute, the Macomb County Register of Deeds workplace might figure out the amount essential for redemption if a request is sent, along with a charge of $25.00. CLICK ON THIS LINK to download the demand kind. Register of Deeds will forward the redemption funds to the grantee of the sale and it will be identified by the beneficiary of the sale if the quantity is enough for redemption.
10. If the Sheriff's deed or Clerk's deed grantee considers the funds to be enough, it is the obligation of the Sheriff's deed or Clerk's deed beneficiary to prepare and tape 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 operative 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 takes place.
2. The judge goes into a foreclosure judgment, which enables the land contract seller, mortgagee or lien complaintant to arrange a foreclosure sale.
3. A public auction is conducted. If a 3rd party quotes on the residential or commercial property, the highest bidder will be gone into as the beneficiary on the Clerk's deed. If there is no quote, the land agreement seller/mortgagee or lien claimant name is entered upon the deed as grantee.
4. The redemption duration is specified 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 6 months from the date of sale or as set by the judge. The deed shall be recorded within 20 days (or as soon as possible) after the sale. MCL 600.3232.