HOUSE BILL No. 4544

 

April 13, 2011, Introduced by Reps. Lyons, Pettalia, Farrington and Knollenberg 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 section 3240 (MCL 600.3240), as amended by 2010 PA 303.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3240. (1) A purchaser's deed is void if the mortgagor,

 

the mortgagor's heirs or personal representative, or any person

 

lawfully claiming under the mortgagor or the mortgagor's heirs or

 

personal representative redeems the entire premises sold by paying

 

the amount required under subsection (2) and any amount required

 

under subsection (4), within the applicable time limit prescribed

 

in subsections (7) to (12), to the purchaser or the purchaser's

 

personal representative or assigns, or to the register of deeds in

 

whose office the deed is deposited for the benefit of the

 

purchaser.

 

     (2) The amount required to be paid under subsection (1) is the

 


sum that was bid for the entire premises sold, with interest from

 

the date of the sale at the interest rate provided for by the

 

mortgage, together with the amount of the sheriff's fee paid by the

 

purchaser under section 2558(2)(q), and an additional $5.00 as a

 

fee for the care and custody of the redemption money if the payment

 

is made to the register of deeds. Except as provided in subsection

 

(14), the register of deeds shall not determine the amount

 

necessary for redemption. The purchaser shall attach an affidavit

 

with the deed to be recorded under this section that states the

 

exact amount required to redeem the property under this subsection,

 

including any daily per diem amounts, and the date by which the

 

property must be redeemed shall be stated on the certificate of

 

sale. The purchaser may include in the affidavit the name of a

 

designee responsible on behalf of the purchaser to assist the

 

person redeeming the property in computing the exact amount

 

required to redeem the property. The designee may charge a fee as

 

stated in the affidavit and may be authorized by the purchaser to

 

receive redemption funds. The purchaser shall accept the amount

 

computed by the designee.

 

     (3) If a distinct lot or parcel separately sold is redeemed,

 

leaving a portion of the premises unredeemed, the deed shall be

 

void only to the redeemed parcel or parcels.

 

     (4) If, after the sale, the purchaser, the purchaser's heirs

 

or personal representative, or any person lawfully claiming under

 

the purchaser or the purchaser's heirs or personal representative

 

pays taxes assessed against the property, amounts necessary to

 

redeem senior liens from foreclosure, condominium assessments,

 


homeowner association assessments, community association

 

assessments, or premiums on an insurance policy covering any

 

buildings located on the property that under the terms of the

 

mortgage it would have been the duty of the mortgagor to pay if the

 

mortgage had not been foreclosed and that are necessary to keep the

 

policy in force until the expiration of the period of redemption,

 

redemption shall be made only upon payment of the sum specified in

 

subsection (2) plus the amounts specified in this subsection with

 

interest on the amounts specified in this subsection from the date

 

of the payment to the date of redemption at the interest rate

 

specified in the mortgage. This subsection does not apply unless

 

all of the following are filed with the register of deeds with whom

 

the deed is deposited:

 

     (a) An affidavit by the purchaser or someone in his or her

 

behalf who has knowledge of the facts of the payment showing the

 

amount and items paid.

 

     (b) The receipt or copy of the canceled check evidencing the

 

payment of the taxes, amounts necessary to redeem senior liens from

 

foreclosure, condominium assessments, homeowner association

 

assessments, community association assessments, or insurance

 

premiums.

 

     (c) An affidavit of an insurance agent of the insurance

 

company stating that the payment was made and what portion of the

 

payment covers the premium for the period before the expiration of

 

the period of redemption.

 

     (5) If the redemption payment in subsection (4) includes an

 

amount used to redeem a senior lien from a nonjudicial foreclosure,

 


the mortgagor shall have the same defenses against the purchaser

 

with respect to the amount used to redeem the senior lien as the

 

mortgagor would have had against the senior lien.

 

     (6) The register of deeds shall indorse on the documents filed

 

under subsection (4) the time they are received. The register of

 

deeds shall record the affidavit of the purchaser only and shall

 

preserve in his or her files the recorded affidavit, receipts,

 

insurance receipts, and insurance agent's affidavit until

 

expiration of the period of redemption.

 

     (7) For a mortgage executed on or after January 1, 1965, on of

 

commercial or industrial property, or multifamily residential

 

property in excess of 4 units, the redemption period is 6 months

 

from the date of the sale.

 

     (8) Subject to subsections (9) to (11), for a mortgage

 

executed on or after January 1, 1965, on of residential property

 

not exceeding 4 units and not more than 3 acres in size, or

 

property not used for agricultural purposes, if the amount claimed

 

to be due on the mortgage at the date of the notice of foreclosure

 

is more than 66-2/3% of the original indebtedness secured by the

 

mortgage, the redemption period is 6 3 months.

 

     (9) Subject to subsection (10), for a mortgage on of

 

residential property not exceeding 4 units, if the property is

 

abandoned as determined under section 3241, the redemption period

 

is 3 months.

 

     (10) For a mortgage on of residential property not exceeding 4

 

units, if the amount claimed to be due on the mortgage at the date

 

of the notice of foreclosure is more than 66-2/3% of the original

 


indebtedness secured by the mortgage and the property is abandoned

 

as determined under section 3241, the redemption period is 1 month.

 

     (11) If the property is abandoned as determined under section

 

3241a, the redemption period is 30 days or until the time to

 

provide the notice required by section 3241a(c) expires, whichever

 

is later.

 

     (12) If subsections (7) to (11) do not apply, the redemption

 

period is 1 year from the date of the sale.

 

     (13) The amount stated in any affidavits recorded under this

 

section shall be the amount necessary to satisfy the requirements

 

for redemption under this section.

 

     (14) The register of deeds of a county having a population of

 

more than 750,000 and less than 1,500,000, at the request of a

 

person entitled to redeem the property under this section, shall

 

determine the amount necessary for redemption. In determining the

 

amount, the register of deeds shall consider only the affidavits

 

recorded under subsections (2) and (4). A county, register of

 

deeds, or employee of a county or register of deeds is not liable

 

for damages proximately caused by an incorrect determination of an

 

amount necessary for redemption under subsection (2).

 

     (15) A register of deeds may charge not more than $50.00 for

 

determining the amount necessary for redemption under this section.

 

     (16) For purposes of this section, there is a presumption that

 

the property is used for agricultural purposes if, before the

 

foreclosure sale under this chapter, the mortgagor provides the

 

party foreclosing the mortgage proof that the mortgagor filed a

 

schedule F to the mortgagor's federal income tax form 1040 for the

 


year preceding the year in which the proceedings to foreclose the

 

mortgage were commenced. If the mortgagor fails to provide proof as

 

described in this subsection before the foreclosure sale, there is

 

a presumption that the property is not used for agricultural

 

purposes. The party foreclosing the mortgage or the mortgagor may

 

file a civil action to produce evidence to rebut a presumption

 

created by this subsection.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. _______ or House Bill No. 4542

 

(request no. 01989'11).

 

     (b) Senate Bill No. _______ or House Bill No. 4543

 

(request no. 01990'11).