November 6, 2008, Introduced by Reps. Tobocman, Johnson, Jackson, Donigan, Robert Jones, Simpson, Spade, Valentine, Gonzales, Dean, Meadows, Cushingberry, Alma Smith and Leland and referred to the Committee on Banking and Financial Services.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 3101, 3208, and 3216 (MCL 600.3101, 600.3208,
and 600.3216), section 3101 as amended by 1981 PA 172.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3101. (1) The circuit court has jurisdiction to foreclose
mortgages
of real estate and land contracts. However, the
procedures
set forth in this chapter shall does not
apply to
mortgages of real estate and land contracts held by the Michigan
state housing development authority.
(2) After December 14, 2008 and until the Michigan home
foreclosure prevention program developed under section 5 of the
home foreclosure prevention act is discontinued, if section 8 of
the home foreclosure prevention act requires a certification to be
included in a complaint to foreclose a mortgage under this chapter,
the plaintiff shall include the certification in the complaint. If
the plaintiff fails to include the certification or if the
certification contains a materially inaccurate statement, the court
may dismiss the action without prejudice and order the plaintiff to
pay the costs incurred by the defendant in defending the
foreclosure proceeding.
Sec.
3208. (1) Notice that the a mortgage
will be foreclosed
by a sale of the mortgaged premises, or some part of them, shall be
given by publishing the same for 4 successive weeks at least once
in each week, in a newspaper published in the county where the
premises included in the mortgage and intended to be sold, or some
part
of them, are situated. If no a
newspaper is not published
in
the county, the notice shall be published in a newspaper published
in
an adjacent county. In every case within Within 15 days after
the first publication of the notice, a true copy shall be posted in
a conspicuous place upon any part of the premises described in the
notice.
(2) After December 14, 2008 and until the Michigan home
foreclosure prevention program developed under section 5 of the
home foreclosure prevention act is discontinued, if section 8 of
the home foreclosure prevention act requires a certification to be
included in a notice to foreclose a mortgage under this section,
the person publishing the notice shall include the certification in
the notice.
Sec.
3216. (1) The A
sale under this chapter shall be
at
public
sale, between the hour of 9
o'clock in the forenoon and 4
o'clock
in the afternoon 9 a.m. and 4
p.m., at the place of holding
the
circuit court within in the county in which the premises to be
sold,
or some part of them, are situated.
, and The sale shall
be
made by the person appointed for that purpose in the mortgage, or
by the sheriff, undersheriff, or a deputy sheriff of the county, to
the highest bidder.
(2) If the notice of foreclosure sale under section 3208 fails
to include the certification required by section 8 of the home
foreclosure prevention act or if the certification contains a
materially inaccurate statement, the person making the sale under
subsection (1) shall not conduct the sale until the party
attempting to foreclose by advertisement has complied with the home
foreclosure prevention act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6615(request no.
08196'08 **) of the 94th Legislature is enacted into law.