There are two types of foreclosure proceedings in Michigan: judicial foreclosure and foreclosure by advertisement. The only difference is that judicial foreclosures are processed through the court system and foreclosures by advertisement are not. Either...
Property Law
Adverse Possession: How Can Trespassers Become Legal Owners Of Property In Michigan?
Ordinarily, the rights of a property owner are spelled out in a deed properly recorded at the county register of deeds in Michigan. However, many property owners will be surprised to learn that it is possible for a trespasser or squatter to take possession of...
When Do I Need To File A Quiet Title Action In Michigan?
There are few things more valuable in the world than owning land. Real estate can be used by the owner to live upon or utilized as a capital asset to generate additional income. It can be retained for the lifetime of the owner and passed on to his heirs and...
Do Property Owners Have Unlimited Rights To The Great Lakes Shoreline In Michigan?
With two peninsulas and 2,963 miles of shoreline, Michigan has the longest maritime boundary in the United States against four Great Lakes. As a result, there are several opportunities for residents to purchase real estate with beautiful lakefront property. ...
What Can I Do About My Neighbor’s “Spite Fence” In Michigan?
Everyone has heard of the phrase that “good fences make good neighbors”. Sometimes, it is that very fence that becomes the catalyst for neighbors to have a disagreement. In the United States, the term “spite fence” refers to an overly tall fence or some other...
What Are The Penalties For Trespassing In Michigan?
Owning or renting real estate comes with two significant advantages for the property owner or lessee. First, you can determine who is welcome upon your land. Second, and more importantly, you can determine who is NOT welcome on your land. Trespassers who...
Can The Lender Get A Deficiency Judgment After A Foreclosure Sale In Michigan?
A foreclosure by advertisement sale occurs when the mortgagee/lender (e.g. the bank) exercises its right to sell the home at auction to protect against a serious loss after the mortgagor/borrower stops making payments. After all attempts to resolve the default...
What Is The Homeowner’s Right Of Redemption After The Foreclosure Sale In Michigan?
It would seem that a foreclosure is final after the auction, but it is not. A foreclosure sale occurs when the mortgagee/lender (e.g. the bank) exercises its right to sell the home at auction to protect against a serious loss after the mortgagor/borrower stops...
Michigan Supreme Court Rules Local Governments Can No Longer Keep Profits From Property Tax Foreclosure Sales
On July 17, 2020, the Michigan Supreme Court issued its opinion in Rafaeli, LLC v Oakland County, __ Mich __ ; __ NW2d __ (2020)(Docket No. 156849) and ruled that local governments can no longer retain the surplus proceeds from tax foreclosure sales on real...
What Is The Process For A Judicial Foreclosure In Michigan?
The foreclosure process can be a scary time for homeowners because it is hard to know what to expect. There are two types of foreclosures: judicial foreclosure (processed and supervised by the court) and foreclosure by advertisement (no court involvement). ...
