Full question:
We are being financially forced to leave the state. What are our options (can not sell) regarding the mortgage on our manufactured home?
- Category: Real Property
- Subcategory: Foreclosure
- Date:
- State: Michigan
Answer:
If you cannot sell or rent your manufactured home, consider discussing your mortgage options with your lender. You might explore restructuring your mortgage terms or seeking advice from a reputable credit counselor.
In Michigan, the most common method of foreclosure is non-judicial foreclosure, which does not require court action but involves a notice of foreclosure by advertisement. If your mortgage includes a power of sale clause, the specified procedure must be followed. Although Michigan law does not require a default notice, the mortgage document may have its own notice requirements that must be adhered to.
The non-judicial foreclosure process includes publishing a notice of sale weekly for four weeks in a local newspaper. Within 15 days of the first publication, a notice must also be posted at the property. This notice should include the names of the borrower and lender, a description of the property, and details about the sale, including the time, place, and date.
The sale occurs at public auction to the highest bidder, conducted by the trustee or sheriff. If the sale is postponed for more than one week, a new notice must be published.
The redemption period in Michigan typically lasts six months, although this can vary based on specific circumstances. If you wish to redeem the property, you must pay the mortgage balance, interest, late fees, and any associated costs, such as court and attorney fees. Redeeming the property through another mortgage can be challenging due to the negative impact on your credit from the foreclosure. Selling the property is often a viable option if redemption is not feasible.
If the property is redeemed, your original ownership rights and obligations are reinstated.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.