After a judicial foreclosure on a residence, is the lender required to post notice on home before sheriff's sale?

Asked over 1 year ago - Walled Lake, MI

My house was foreclosed judicially with a judgment against my home in summer 2012. That was the last thing I heard of foreclosure. I'm afraid that the lender is doing stuff against my house/me and I don't know if or when it will go to sheriff's sale, which I was told would happen... plus I don't know if/when the redemption period would be up.

Can someone please tell me process for judicial foreclosure from start to finish after judgment entered? Thank you.

Attorney answers (4)

  1. James T. Weiner

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Generally your redemption period is only 6 months after a sheriffs sale. and yes you should have had some type of notice of the foreclosure and the sale. However if you had notice of the judicial action for forclosure and did not defend, you have constructive notice because you have notice that something is happening.

    A sheriffs sale is a public auction... its presumed to be the correct value regardless of the sales price.

    You need to call an attorney immediately if you have any hope of fighting the sale.

    Please note that I answered this question with general knowlege of the law and with limited disclosure from you,... more
  2. Joseph Leo Bernwanger

    Contributor Level 8

    Answered . My colleagues are partially correct. The Michigan judicial foreclosure process provides that the court has the power to order the sale of the home no sooner than six months after the foreclosure complaint is filed. MCL 600.3115. Once the sale occurs, the homeowner has a six month redemption period. You should contact the county clerk's office to find out when the sale was ordered, or contact the Register of Deeds to see when the foreclosure actually occurred.

    For additional information, visit me at www.michiganattorneyonline.com, or on my blog at joebernwanger.blogspot.... more
  3. Alex Salmu

    Contributor Level 7

    Answered . You asked for the foreclosure process from start to finish. MSHDA does a good job explaining: http://www.michigan.gov/mobi/mshda/0,,7-141-458...

    Disclaimer & Helpful Information: This answer is intended to provide legal information- not legal advice. Such... more
  4. John W. Drury

    Contributor Level 10

    Answered . Whether the foreclosure sale was through a judicial foreclosure proceeding or a foreclosure by advertisement, notice of the foreclosure sale must be conspicuously posted on the building or the property itself. The redemption period is generally 6 months after the sale,unless the property has been abandoned. The lender can evict you if you do not move after the redemption period expires.
    A foreclosure sale is not the same as a foreclosure judgment. You may not have received a copy of the judgment but you will get notice of the sale as indicated above. This is a complex area of the law and I urge you to seek legal counsel. John W. Drury 517 548 7400 jdrury@mtolaw.com

    So there is no misunderstanding, this answer does not create an attorney/client relationship and you cannot... more

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