Complaint For Foreclosure In Michigan

State:
Multi-State
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

Description

This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.


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  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession

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FAQ

To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.

In the complaint, the plaintiff asks the court for a judgment and for permission to sell the home at a foreclosure sale.

Many courts will accept an answer in general letter form of a reply to the foreclosure complaint. Although there are formalities in answering which lawyers know, most courts will accept an answer in letter form. It should simply admit or deny the allegations of each paragraph of the complaint.

Redemption Period – starts day of Sheriff Sale -Six (6) months is most common. -If the amount claimed to be due on the mortgage at the date of foreclosure is less than 2/3 of the original indebtedness, the redemption period is 12 months. -Farming property can be up to twelve (12) months.

It will take at least 75-95 days, and usually longer, before your home is sold at a foreclosure sale.

District Court. District Court, with which citizens have contact more than any other court, has exclusive jurisdiction of all civil litigation up to $25,000 and handles garnishments, eviction proceedings, land contract and mortgage foreclosures, and other proceedings.

The Stages of Foreclosure Stage 1: Default of Payment. Stage 2: Notice of Default. Stage 3: Notice of Sale. Stage 4: Foreclosure Sale. Stage 5: Eviction.

Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice.

During this time, you can avoid foreclosure by doing any of the following: Selling your home. Refinancing your home. Getting a loan modification. Paying all missed payments and late fees. Filing for bankruptcy (if you are considering this, you may want to talk to a lawyer)

More info

Describe your problem, what attempts you have made to correct it, and how you would like to have the problem resolved. SCAO-Approved Forms for Use in Mortgage Foreclosure.This set of forms is used in mortgage foreclosure. Michigan Legal Help has tools to fill many kinds of forms but we do not cover all areas. You may have a blank form that you need to fill out on your own. File a complaint in the Circuit Court where the property is located. If you are facing foreclosure, it is a good idea to call your mortgage servicer as soon as possible. If you choose to file your complaint online you will need to have a valid email address and the ability to include relevant documentation as attachments. If you believe that you have been a victim of a foreclosure rescue scam, please file a complaint with the Michigan Attorney General's Office (click on link). This blog article will attempt to explain the procedure for judicial foreclosures to take away the mystery from the process.

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Complaint For Foreclosure In Michigan