In Michigan, the time to redeem foreclosed property is six (6) months from the date of sale unless the property is found to be abandoned pursuant to MCL 600.3241a, in which case the redemption period shall be the later of thirty (30) days from the date of sale or fifteen (15) days from the date the notice required by MCL 600.3241a(b) was posted and mailed. This form of affidavit is a method of proving that the property was not and/or is not abandoned.
Lansing Affidavit: Understanding Real Property Abandonment Pursuant to Michigan Mich. Comp. Laws — 600.3241(d) The Lansing Affidavit is a legal document used in the state of Michigan to declare that a real property is not abandoned according to the criteria defined in Michigan Mich. Comp. Laws — 600.3241(d). This affidavit serves as an essential tool in safeguarding property rights and determining the status of a property. Real property abandonment occurs when the owner fails to fulfill their obligations, stops using the property, and demonstrates an intent to relinquish their ownership rights. Michigan's law allows certain parties, such as mortgagees, lien holders, and creditors, to take appropriate legal action if they suspect property abandonment. However, the Lansing Affidavit can be used to oppose such claims and provide evidence that the property is not abandoned. To create a valid Lansing Affidavit, it must contain specific information and meet the requirements set forth by Michigan Mich. Comp. Laws — 600.3241(d). The affidavit typically includes the following details: 1. Identification and contact information: The affidavit should contain the names, addresses, and contact information of the affine, who is the individual swearing the statements in the document. 2. Property details: A precise description of the real property, such as the address, legal description, parcel number, or any other identifying information that will help identify the property accurately. 3. Statement of non-abandonment: The affine must assert that, to the best of their knowledge, the real property is not abandoned. It should be supported by factual evidence demonstrating ongoing use, maintenance, regular payments, or any other actions that indicate the owner's continued interest and presence. 4. Supporting documentation: Any documents or evidence supporting the claims made in the affidavit should be attached or referenced. This may include recent utility bills, tax payment receipts, maintenance records, rental agreements, or any other relevant information that proves the property's active use. 5. Sworn statement and notarization: The affine must sign the affidavit under oath and have their signature notarized by a notary public to affirm the authenticity and truthfulness of the statements made in the document. It is important to note that while the Lansing Affidavit can be used to establish a property's non-abandonment, it is not an absolute defense against legal action in cases where abandonment is clearly evident. Different types of Lansing Affidavits may be named based on the specific purpose or circumstances of the property in question. For example, a Lansing Affidavit of Maintenance can be filed when the property owner has taken active steps to ensure regular upkeep and functioning of the property. A Lansing Affidavit of Occupancy may be used to assert that the property is continuously being occupied and used by the owner or authorized occupants. Lansing Affidavits are crucial tools in protecting property rights in Michigan and can play a significant role in preventing unwarranted legal action or disputes over real property abandonment. Consulting a legal professional familiar with Michigan's laws is advisable when creating and filing such affidavits to ensure compliance and maximized effectiveness.Lansing Affidavit: Understanding Real Property Abandonment Pursuant to Michigan Mich. Comp. Laws — 600.3241(d) The Lansing Affidavit is a legal document used in the state of Michigan to declare that a real property is not abandoned according to the criteria defined in Michigan Mich. Comp. Laws — 600.3241(d). This affidavit serves as an essential tool in safeguarding property rights and determining the status of a property. Real property abandonment occurs when the owner fails to fulfill their obligations, stops using the property, and demonstrates an intent to relinquish their ownership rights. Michigan's law allows certain parties, such as mortgagees, lien holders, and creditors, to take appropriate legal action if they suspect property abandonment. However, the Lansing Affidavit can be used to oppose such claims and provide evidence that the property is not abandoned. To create a valid Lansing Affidavit, it must contain specific information and meet the requirements set forth by Michigan Mich. Comp. Laws — 600.3241(d). The affidavit typically includes the following details: 1. Identification and contact information: The affidavit should contain the names, addresses, and contact information of the affine, who is the individual swearing the statements in the document. 2. Property details: A precise description of the real property, such as the address, legal description, parcel number, or any other identifying information that will help identify the property accurately. 3. Statement of non-abandonment: The affine must assert that, to the best of their knowledge, the real property is not abandoned. It should be supported by factual evidence demonstrating ongoing use, maintenance, regular payments, or any other actions that indicate the owner's continued interest and presence. 4. Supporting documentation: Any documents or evidence supporting the claims made in the affidavit should be attached or referenced. This may include recent utility bills, tax payment receipts, maintenance records, rental agreements, or any other relevant information that proves the property's active use. 5. Sworn statement and notarization: The affine must sign the affidavit under oath and have their signature notarized by a notary public to affirm the authenticity and truthfulness of the statements made in the document. It is important to note that while the Lansing Affidavit can be used to establish a property's non-abandonment, it is not an absolute defense against legal action in cases where abandonment is clearly evident. Different types of Lansing Affidavits may be named based on the specific purpose or circumstances of the property in question. For example, a Lansing Affidavit of Maintenance can be filed when the property owner has taken active steps to ensure regular upkeep and functioning of the property. A Lansing Affidavit of Occupancy may be used to assert that the property is continuously being occupied and used by the owner or authorized occupants. Lansing Affidavits are crucial tools in protecting property rights in Michigan and can play a significant role in preventing unwarranted legal action or disputes over real property abandonment. Consulting a legal professional familiar with Michigan's laws is advisable when creating and filing such affidavits to ensure compliance and maximized effectiveness.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
