Current through Public Acts 1-76 and 78-118 of the 2021 Legislative Session
Section 600.3204 - Foreclosure by advertisement; circumstances; installments as separate and independent mortgage; redemption; chain of title(1) A party may foreclose a mortgage by advertisement if all of the following circumstances exist:(a) A default in a condition of the mortgage has occurred, by which the power to sell became operative.(b) An action or proceeding has not been instituted, at law, to recover the debt secured by the mortgage or any part of the mortgage or, if an action or proceeding has been instituted, either the action or proceeding has been discontinued or an execution on a judgment rendered in the action or proceeding has been returned unsatisfied, in whole or in part. For purposes of this subdivision, an action or proceeding for the appointment of a receiver is not an action or proceeding to recover a debt.(c) The mortgage containing the power of sale has been properly recorded.(d) The party foreclosing the mortgage is either the owner of the indebtedness or of an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgage.(2) If a mortgage is given to secure the payment of money by installments, each of the installments mentioned in the mortgage after the first shall be treated as a separate and independent mortgage. The mortgage for each of the installments may be foreclosed in the same manner and with the same effect as if a separate mortgage were given for each subsequent installment. A redemption of a sale by the mortgagor has the same effect as if the sale for the installment had been made upon an independent prior mortgage.(3) If the party foreclosing a mortgage by advertisement is not the original mortgagee, a record chain of title must exist before the date of sale under section 3216 evidencing the assignment of the mortgage to the party foreclosing the mortgage.Amended by 2018, Act 15,s 1, eff. 5/7/2018.Amended by 2014, Act 125,s 1, eff. 6/19/2014.Amended by 2013, Act 103,s 1, eff. 7/3/2013.Amended by 2012, Act 521,s 1, eff. 12/28/2012.Amended by 2011, Act 301,s 1, eff. 12/22/2011.Amended by 2011, Act 72,s 1, eff. 7/1/2011.Amended by 2009, Act 29,s 1, eff. 7/5/2009.Amended by 2004, Act 186, s 1, eff. 7/1/2004.1961, Act 236, Eff. Jan. 1, 1963 ;--Am. 1994, Act 397, Imd. Eff. Dec. 29, 1994 . .