Mich. Comp. Laws § 600.3241a

Abandonment of premises; residential property not exceeding 4 units; presumption.

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.3241a Abandonment of premises; residential property not exceeding 4 units; presumption.

Sec. 3241a.

For purposes of this chapter, if foreclosure proceedings have been commenced under this chapter against residential property not exceeding 4 units, there is a conclusive presumption that the premises have been abandoned if all of the following requirements are satisfied before the end of the redemption period:

(a) The mortgagee has made a personal inspection of the mortgaged premises and the inspection does not reveal that the mortgagor or persons claiming under the mortgagor are presently occupying or will occupy the premises.

(b) The mortgagee has posted a notice at the time of making the personal inspection and has mailed by certified mail, return receipt requested, a notice to the mortgagor at the mortgagor's last known address, which notices state that the mortgagee considers the premises abandoned and that the mortgagor will lose all rights of ownership 30 days after the foreclosure sale or when the time to provide the notice required by subdivision (c) expires, whichever is later, unless the mortgagor; the mortgagor's heirs or personal representative; or a person lawfully claiming from or under 1 of them provides the notice required by subdivision (c).

(c) Within 15 days after the notice required by subdivision (b) was posted and mailed, the mortgagor; the mortgagor's heirs or personal representative; or a person lawfully claiming from or under 1 of them has not given written notice by first-class mail to the mortgagee at an address provided by the mortgagee in the notices required by subdivision (b) stating that the premises are not abandoned.

History: Add. 1986, Act 94, Imd. Eff. May 7, 1986 ;-- Am. 2006, Act 579, Imd. Eff. Jan. 3, 2007 ;-- Am. 2014, Act 431, Imd. Eff. Dec. 30, 2014

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1989–2026 · leading case: Farm Bureau General Insurance Company v. Esther Susin

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Farm Bureau General Insurance Company v. Esther Susin (2016) michctapp · cites it 3× “Lakes Credit Union requested a 30-day redemption period because the property was unoccupied for purposes of MCL 600.3241a. MCL 600.3241a applies to foreclosures by advertisement and establishes the requirements for a conclusive presumption that the premises have been abandoned.”

William I Ramanauskas v. Blue Horseshoe Holding Co (2015) michctapp · cites it 2× “(10) If the property is abandoned as determined under [MCL 600.3241a], the redemption period is 1 month or until the time to provide the notice required by [MCL 600.”

Willzor Capital Inc v. Gmac Mortgage Corporation (2015) michctapp · cites it 2× “-2- Finally, plaintiff calls attention to MCL 600.3241a, which concerns shortening the redemption period for abandoned property.”

Bank of America v. 5-3 Greenway Trust (2015) michctapp · cites it 2× “4 The circuit court determined that the affidavit of abandonment was a nullity on the basis that the trust was a foreclosure-sale purchaser and not a “mortgagee,” as required by MCL 600.3241a in relation to employing abandonment procedures and obtaining an abandonment…”

Estate of Ronald Boik v. Labree Homes LLC (2022) michctapp “See MCL 600.3241a (explaining the process for determining whether a property is abandoned); 3 Regardless, to any extent that plaintiff’s failure to clearly articulate that she was seeking money damages in her complaint rendered the complaint deficient such that summary…”

Ml v. Steven Deehl (2024) michctapp “3240(9); MCL 600.3241a. Steven posted a notice of abandonment on the property.”

Mark Latunski, by Conservator Paul Latunski v. Steven Deehl (2026) mieb “The process for claiming that a property has been abandoned is set forth at MCLA 600.3241a and requires: (1) that the mortgagee personally inspect the premises to determine that no one is “presently occupying or will occupy the premises”; (2) post a notice on the property (and…”

Gitler v. Oakland County Register of Deeds (1989) michctapp · cites it 2× “116(C)(8) and maintained that, because the procedure provided in *176 MCL 600.3241a; MSA 27A.3241(1) to declare residential property abandoned was not followed, the one-month redemption period was inapplicable and the redemption period was one year.”

Onewest Bank Fsb v. Estate of Anna I Madison (2015) michctapp “The affidavit set the redemption expiration date as February 17, 2011, or within 30 days of the sale if the property was considered abandoned, MCL 600.3241a, which was the case in light of the earlier affidavit of abandonment.”

— Mich. Comp. Laws § 600.3241a(c) — 1 case

William I Ramanauskas v. Blue Horseshoe Holding Co (2015) michctapp “(10) If the property is abandoned as determined under [MCL 600.3241a], the redemption period is 1 month or until the time to provide the notice required by [MCL 600.”

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