Sheriff's Deed
(Nonjudicial Foreclosure) (MI)


Summary

This template may be used in Michigan to transfer title to foreclosed property to the purchaser of the property following nonjudicial foreclosure. This template contains practical guidance, drafting notes, and an optional clause. This template may be used to transfer title to residential or commercial property following the nonjudicial foreclosure of the property (commonly referred to in Michigan as a foreclosure by advertisement). After a foreclosure sale in Michigan, the officer or person making the sale executes a sheriff's deed to the successful bidder at the foreclosure sale. MCL § 600.3232. The deed should be recorded with the register of deeds in the county where the property is located within 20 days of the sale. MCL § 600.3232. See also Mills v Jirasek, 267 Mich 609, 255 NW 402 (1934) (time for recording sheriff's deed after mortgage foreclosure by advertisement is directory not mandatory). Failure to record the deed within 20 days of the sale date does not invalidate the sale, but it will cause the redemption period to run from the date of recording. Perkins v Keller, 43 Mich 53, 4 NW 559 (1880). For more information on foreclosure in Michigan, see Commercial and Residential Mortgage Foreclosure (Foreclosure by Advertisement) (MI), Commercial and Residential Mortgage Foreclosure (Judicial Foreclosure) (MI), Non-judicial Foreclosure Checklist (Foreclosure by Advertisement) (MI), and Foreclosure Resource Kit (MI).