Mich. Comp. Laws § 600.3216
Sale; time and place.
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REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.3216 Sale; time and place.
Sec. 3216.
The sale shall be at public sale, between the hour of 9 o'clock in the forenoon and 4 o'clock in the afternoon, at the place of holding the circuit court within the county in which the premises to be sold, or some part of them, are situated, and 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.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Cited in 24
cases (1 in the last 5 years), 1974–2023 · leading case: Kim v. Jpmorgan Chase Bank, Na
Kim v. Jpmorgan Chase Bank, Na (2012)
“Thus, as a general matter, a mortgagee cannot validly foreclose a mortgage by advertisement before the mortgage and all assignments of that mortgage are duly recorded.”
Bank of America Na v. First American Title Insurance Company (2016)
“3280 reads in pertinent part: When, in the foreclosure of a mortgage by advertisement, any sale of real property has been made after February 11, 1933, or shall be hereafter made by a mortgagee, trustee, or other person authorized to make the same pursuant to the power of sale…”
Kubicki v. Mortgage Electronic Registration Systems (2011)
“” According to plaintiff, Chodak is not a sheriff, an undersheriff, or a deputy sheriff, as required by the Michigan mortgage foreclosure statute, MCL 600.3216, because he did not request to be, and was not actually, properly appointed by *289 Sheriff Michael J.”
Bryan v. JPMorgan Chase Bank (2014)
“3204(3) provides that “[i]f the party foreclosing a mortgage by advertisement is not the original mortgagee, a record chain of title shall exist prior to the date of sale under [MCL 600.”
Brenda Joyce Northrip v. Federal National Mortgage Association (1975)
“The cross-appellant contends that state action may be found because the sheriff conducted the foreclosure sale pursuant to Mich.Comp. Laws Ann. § 600.3216 and because the register of deeds was involved in transferring the title.”
In Re: Charles Joyce Cain and Chris Alan Cain, Debtors. Charles Joyce Cain and Chris Alan Cain v. Wells Fargo Bank, N.A. (2005)
“See Mich. Comp. Laws §§ 600.3216 , 600.3220. It is true that the deed acquired by a purchaser at a Michigan foreclosure sale does not become operative until the running of the redemption period, see §§ 600.”
In Re Miller (2011)
“( Mich. Comp. Laws Ann. § 600.3216 ; Exh. 1.”
Federal Home Loan Mortgage Ass'n v. Kelley (2014)
“3204(3) provides as follows: If the party foreclosing a mortgage by advertisement is not the original mortgagee, a record chain of title shall exist prior to the date of sale under [MCL 600.3216] evidencing the assignment of the mortgage to the party foreclosing the mortgage.”
Bolone v. Wells Fargo Home Mortgage, Inc. (2012)
“§§ 600.3216, 600.3220. Under the circumstances of this case, the Court does not find that a statutorily authorized sheriffs sale pursuant- to a statutorily authorized foreclosure is a harassing, oppressive, or abusive collection method within the meaning of the RCPA.”
Frost v. Wells Fargo Bank, N.A. (2012)
“” Michigan law expressly authorizes foreclosures by advertisement, see Mich. Comp. Laws §§ 600.3208 , 600.3212, and sheriffs sales, see Mich.”
Salvatore Munaco v. Bank of America (2013)
“Mich. Comp. Laws Ann. § 600.3216 pertains to the time and place of the sheriff’s foreclosure sale.”
Cheff v. Edwards (1994)
“A mortgagee who uses this method of foreclosure must follow the statutory requirements found in MCL 600.3201; MSA 27A.”
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