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A Michigan lender wants to foreclose on a commercial property where the borrower has stopped making payments. The lender's attorney advises that Michigan law provides two distinct methods of foreclosure. Which of the following correctly identifies both methods available under Michigan law?

Correct Answer

B) Foreclosure by advertisement and foreclosure by judicial action

Michigan law provides two methods of foreclosure: (1) foreclosure by advertisement (non-judicial), governed by MCL 600.3201 et seq., which uses a sheriff's sale process without court involvement; and (2) judicial foreclosure (foreclosure by action), governed by MCL 600.3101 et seq., which requires filing a lawsuit in circuit court. Both methods are available in Michigan.

Answer Options
A
Foreclosure by deed in lieu and foreclosure by strict foreclosure
B
Foreclosure by advertisement and foreclosure by judicial action
C
Foreclosure by trustee sale and foreclosure by court order
D
Foreclosure by power of sale and foreclosure by receivership

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Related Topics & Key Terms

Key Terms:

foreclosure_methodsjudicial_foreclosureforeclosure_by_advertisementmichigan_mortgage_law

Related Concepts

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

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