2019 House Bill 4306 / Public Act 142

Revise mortgage “foreclosure by advertisement” details

Introduced in the House

March 7, 2019

Introduced by Rep. Triston Cole (R-105)

To require that when executing a “foreclosure by advertisement” proceeding (rather than foreclosing by taking a delinquent mortgage borrower to court), a mortgage lender or servicer must include additional details in the published foreclosure notice, including contact information for the lender's lawyer, details about the foreclosure sale itself, the property’s street address (not just a legal description), and more. This revises the disclosures already required under current state laws for this.

Referred to the Committee on Government Operations

March 19, 2019

Reported without amendment

Without amendment and with the recommendation that the bill pass.

March 20, 2019

Referred to the Committee on Government Operations

May 1, 2019

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

May 14, 2019

Passed in the House 107 to 2 (details)

Received in the Senate

May 16, 2019

Referred to the Committee on Judiciary and Public Safety

Oct. 29, 2019

Reported without amendment

With the recommendation that the bill pass.

Nov. 13, 2019

Amendment offered by Sen. Curtis Hertel (D-23)

To prohibit a lender placing a foreclosure notice in a newspaper in which the owner or their agent has a controlling interest.

The amendment failed 14 to 22 (details)

Passed in the Senate 22 to 14 (details)

To require that when executing a “foreclosure by advertisement” proceeding (rather than foreclosing by taking a delinquent mortgage borrower to court), a mortgage lender or servicer must include additional details in the published foreclosure notice, including details about the foreclosure sale itself, the property’s street address (not just a legal description), and more. This revises the extensive disclosures already required under current state laws for this.

Dec. 3, 2019

Motion to reconsider by Sen. Peter MacGregor (R-28)

The vote by which the bill was passed.

The motion passed by voice vote

Received

Amendment offered by Sen. Curtis Hertel (D-23)

To prohibit a lender placing a foreclosure notice in a newspaper in which the owner or their agent has a controlling interest.

The amendment passed by voice vote

Passed in the Senate 36 to 1 (details)

To require that when executing a “foreclosure by advertisement” proceeding (rather than foreclosing by taking a delinquent mortgage borrower to court), a mortgage lender or servicer must include additional details in the published foreclosure notice, including details about the foreclosure sale itself, the property’s street address (not just a legal description), and more. This revises the disclosures already required under current state laws for this.

Received in the House

Dec. 3, 2019

Dec. 4, 2019

Passed in the House 103 to 2 (details)

Signed by Gov. Gretchen Whitmer

Dec. 12, 2019