reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1448o - Action to Discharge Mortgage or Land Contract; Judgment Entered by Court; Contents; Minutes; Delivery of Judgment to Authority; Recordation of Judgment.

125.1448o Action to discharge mortgage or land contract; judgment entered by court; contents; minutes; delivery of judgment to authority; recordation of judgment.
Sec. 48o.
(1) When a recorded mortgage on real property or land contract held by the authority has been paid or satisfied or when 15 years have elapsed since the debt secured by the mortgage or land contract became due and payable or since the last payment made upon it, and no civil action or proceedings have been commenced to collect the same, the owner of the land or property may institute an action in the circuit court to discharge the mortgage or land contract.
(2) If it appears to the court at the trial, either by the production in evidence of the original mortgage, land contract, or note to secure the payment of which the mortgage was given, or by any other competent evidence, that the debt secured by the mortgage or land contract has been fully paid both in principal and interest; or if it appears to the court by competent evidence that the debt has been past due for 15 years, or that 15 years have elapsed since the last payment was made on the debt and that no action or proceeding has been commenced to foreclose or perfect the mortgage or land contract, the court shall enter judgment to that effect which contains within it the names of the witnesses and the nature of the evidence by which the facts have been made to appear. A minute of this shall be entered in the court's journal. A copy of the judgment, signed by the judge or the court and attested by the clerk of the court under the seal of the court shall be delivered to the authority and may be recorded in the office of the register of deeds of the county or counties in which the mortgage or land contract is recorded in the same manner and with the same effects in all respects as if it were a formal discharge of the mortgage or land contract duly executed by the authority.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1448p - Equitable Actions.

125.1448p Equitable actions.
Sec. 48p.
Actions under sections 48a to 48o are equitable in nature.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449 - Foreclosure by Advertisement.

125.1449 Foreclosure by advertisement.
Sec. 49.
Every mortgage of real estate held by the authority which contains a power of sale, upon default being made in any condition of such mortgage, may be foreclosed by advertisement, in the cases and in the manner specified in sections 49a to 49v, including the giving of a notice as described in sections 49b and 49c.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981 ;-- Am. 1993, Act 221, Imd. Eff. Oct. 29, 1993
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449a - Right of Authority to Give Notice and Make Foreclosure; Conditions; Mortgage Securing Payment of Money by Installments; Installment as Separate and Independent Mortgage; Foreclosure and Redemption.

125.1449a Right of authority to give notice and make foreclosure; conditions; mortgage securing payment of money by installments; installment as separate and independent mortgage; foreclosure and redemption.
Sec. 49a.
(1) To entitle the authority to give a notice as prescribed in sections 49b and 49c, and to make such foreclosure, all of the following are required:
(a) That some default in a condition of such mortgage shall have occurred, by which the power to sell became operative.
(b) That no suit or proceeding shall have been instituted, at law, to recover the debt then remaining secured by such mortgage, or any part thereof; or if any suit or proceeding has been instituted, that the suit or proceeding has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.
(c) That the mortgage containing such power of sale has been duly recorded; and if it shall have been assigned, that all the assignments thereof have been recorded.
(2) In cases of mortgages given to secure the payment of money by installments, each of the installments mentioned in such mortgage after the first, shall be taken and deemed to be, a separate and independent mortgage, and such mortgage for each of such installments may be foreclosed in the same manner and with the identical effect as if such separate mortgages were given for each of such subsequent installments and a redemption of any such sale by the mortgagor shall have the identical effect as if the sale for such installments had been made upon an independent prior mortgage.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449b - Notice of Sale; Publication; Posting Copy of Notice Upon Premises.

125.1449b Notice of sale; publication; posting copy of notice upon premises.
Sec. 49b.
Notice that the mortgage held by the authority will be foreclosed by a sale of the mortgaged premises, or some part of them, shall be given by publishing the same for 4 successive weeks at least once in each week, in a newspaper published in the county where the premises included in the mortgage and intended to be sold, or some part of them, are situated. If no newspaper is published in the county, the notice shall be published in a newspaper published in an adjacent county. In every case within 15 days after the first publication of the notice, a true copy shall be posted in a conspicuous place upon any part of the premises described in the notice.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449c - Notice of Sale; Contents.

125.1449c Notice of sale; contents.
Sec. 49c.
Every notice required under section 49 shall specify all of the following:
(a) The names of the mortgagor and of the mortgagee, and the assignee of the mortgage, if any.
(b) The date of the mortgage, and when recorded.
(c) The amount claimed to be due on the mortgage at the date of the notice.
(d) A description of the mortgaged premises, conforming substantially with that contained in the mortgage.
(e) The length of the redemption period as determined under section 49j.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449d - Sale of Premises at Public Sale; Hours; Location; Appointed Person; Highest Bidder.

125.1449d Sale of premises at public sale; hours; location; appointed person; highest bidder.
Sec. 49d.
The sale shall be at public sale, between the hours of 9 a.m. and 4 p.m., at the place of holding the circuit court for the county in which the premises to be sold, or some part of them, are situated, and shall be made by the person appointed for that purpose in the mortgage, or by the sheriff, undersheriff, or a deputy sheriff of the county, to the highest bidder.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449e - Adjournment of Sale; Request; Notice; Oral Announcement Unnecessary.

125.1449e Adjournment of sale; request; notice; oral announcement unnecessary.
Sec. 49e.
The sale may be adjourned from time to time, by the sheriff or other officer or person appointed to make such sale at the request of the party in whose name the notice of sale is published by posting a notice of such adjournment before or at the time of and at the place where the sale is to be made, and if any adjournment be for more than 1 week, at 1 time, the notice of the adjournment, appended to the original notice of sale, shall also be published in the newspaper in which the original notice was published, the first publication to be within 10 days of the date from which the sale was adjourned and thereafter once in each full calendar week during the time for which such sale shall be adjourned. No oral announcement of any adjournment shall be necessary.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449f - Sale of Distinct Farms, Tracts, or Lots Separately or Together.

125.1449f Sale of distinct farms, tracts, or lots separately or together.
Sec. 49f.
If the mortgaged premises consist of distinct farms, tracts, or lots not occupied as 1 parcel, they shall be sold separately, and no more farms, tracts, or lots shall be sold than shall be necessary to satisfy the amount due on such mortgage at the date of the notice of sale, with interest and the cost and expenses allowed by law but if distinct lots be occupied as 1 parcel, they may in such case be sold together.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449g - Purchase of Premises by Authority or Its Successor or Assign Permitted.

125.1449g Purchase of premises by authority or its successor or assign permitted.
Sec. 49g.
The authority or its successor or assign, may fairly and in good faith, purchase the premises so advertised, or any part thereof, at such sale.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449h - Deed; Execution, Acknowledgment, and Delivery by Officer or Person Making Sale; Separate Deeds Where Lands Situated in Several Counties; Endorsement, Recordation, and Indexation of Deed by Register of Deeds; Redemption.

125.1449h Deed; execution, acknowledgment, and delivery by officer or person making sale; separate deeds where lands situated in several counties; endorsement, recordation, and indexation of deed by register of deeds; redemption.
Sec. 49h.
The officer or person making the sale shall forthwith execute, acknowledge, and deliver, to each purchaser a deed of the premises bid off by the officer or person making the sale; and if the lands are situated in several counties, the officer or person making the sale shall make separate deeds of the lands in each county, and specify in each deed the precise amount for which each parcel of land described in the deed was sold. The officer or person making the sale shall endorse upon each deed the time when the deed becomes operative, if the premises are not redeemed according to law. Each deed shall, as soon as practicable, and within 20 days after such sale, be deposited with the register of deeds of the county in which the land described in the deed is situated, and the register shall endorse on the deed the time the deed was received, and for the better preservation thereof, shall record the deed at length in a book to be provided in his or her office for that purpose; and shall index the deed in the regular index of deeds. The fee for recording the deed shall be included among the other costs and expenses allowed by law. In case such premises shall be redeemed, the register of deeds shall, at the time of destroying the deed, as provided in section 49l, write on the face of the record the word "redeemed", stating at what date the entry is made, and signing the entry with his or her official signature.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449i - Deed; Right, Title, and Interest Vested in Grantee; Record of Deed Valid Without Re-Recordation; Effect of Sale on Valid Subsisting Lien Created Before Mortgage Lien Took Effect.

125.1449i Deed; right, title, and interest vested in grantee; record of deed valid without re-recordation; effect of sale on valid subsisting lien created before mortgage lien took effect.
Sec. 49i.
Unless the premises described in such deed shall be redeemed within the time limited for such redemption as provided in section 49j, such deed shall thereupon become operative, and shall vest in the grantee therein named or his or her heirs or assigns, all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter, except as to any parcel or parcels which may have been redeemed and canceled, as provided in sections 49j to 49u; and the record thereof shall thereafter, for all purposes be deemed a valid record of the deed without being re-recorded, but no person having any valid subsisting lien upon the mortgaged premises or any part thereof, created before the lien of such mortgage took effect, shall be prejudiced by any such sale, nor shall his or her rights or interests be in any way affected thereby.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449k - Abandonment of Premises; Presumption.

125.1449k Abandonment of premises; presumption.
Sec. 49k.
For purposes of sections 49 to 49u, abandonment of premises shall be conclusively presumed upon satisfaction of all of the following requirements:
(a) Within 30 days before the commencement of foreclosure proceedings under this chapter, the authority mails by certified mail, return receipt requested, to the mortgagor's last known address a notice that the subject mortgage is in default and that the authority intends to foreclose it.
(b) Before commencement of foreclosure proceedings under this chapter, the authority executes and causes to be duly recorded in the county where the premises are located an affidavit that states all of the following:
(i) That the authority has mailed to the last known address of the mortgagor a notice of default and intention to foreclose pursuant to subdivision (a) and that the mortgagor has not responded to the notice.
(ii) That the authority has made a personal inspection of the mortgaged premises and that the inspection does not reveal that the mortgagor or persons claiming under him or her are presently occupying or intend to occupy the premises.
(c) The authority mails by certified mail, return receipt requested, a copy of the affidavit recorded pursuant to subdivision (b) to the mortgagor at his or her last known address before commencement of foreclosure proceedings.
(d) The mortgagor; his or her heirs, executors, or administrators; or any person lawfully claiming from, or under the mortgagor or the mortgagor's heirs, executors, or administrators, before expiration of the period of redemption, does not give a written affidavit to the authority and record a duplicate original in the county where the premises are located stating that the mortgagor or person claiming under him or her is occupying or intends to occupy the premises.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981 ;-- Am. 1993, Act 221, Imd. Eff. Oct. 29, 1993
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449l - Payment of Entire Sum Bid at Sale, Interest, and Fee, or Delivery of Certificate of Payment to Register; Destruction of Deed; Memoranda.

125.1449l Payment of entire sum bid at sale, interest, and fee, or delivery of certificate of payment to register; destruction of deed; memoranda.
Sec. 49l.
Upon the payment of the entire sum bid at such sale, and interest on the entire sum bid, and the fee of $5.00 mentioned in section 49j to the register in whose office the deed therefor shall have been deposited, or upon delivering to such register a certificate, signed and acknowledged by the person entitled to receive the certificate, and certified by some officer authorized to take the acknowledgment of deeds, setting forth that such sum, with interest, has been paid to such person, and upon paying to such register a fee of 25 cents, the register shall thereupon destroy such deed, and shall enter in the margin of the record of such mortgage, a memorandum that such mortgage is satisfied; or in case the premises shall have been sold in parcels, and 1 or more of said parcels shall have been redeemed, as provided in section 49j, it shall then be the duty of the register to enter upon the face of the sheriff's deed, and the record thereof, a memorandum that the sheriff's deed is inoperative as to the parcel or parcels so redeemed, and to enter in the margin of the record of such mortgage a memorandum that the mortgage is satisfied as to the parcel or parcels so redeemed.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449m - Refusal to Make and Acknowledge Certificate of Payment; Liability; Damages; Civil Action.

125.1449m Refusal to make and acknowledge certificate of payment; liability; damages; civil action.
Sec. 49m.
If any person entitled to receive such redemption moneys, shall, upon payment or tender thereof to him or her, refuse to make and acknowledge such certificate of payment, he or she shall be liable to the person aggrieved thereby, in the sum of $100.00 damages, over and above all the actual damages sustained, to be recovered in a civil action, except that no damages of any kind may be recovered from any register of deeds who refuses to accept tender of payment after the time indorsed upon the deed when the deed becomes operative in case the premises are not redeemed, and the officer or person making the sale shall be entitled to rely conclusively upon the recital of the length of the redemption period contained in the notice of foreclosure in making such indorsement upon the deed.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449n - Disposition of Surplus Money Remaining After Sale of Real Estate.

125.1449n Disposition of surplus money remaining after sale of real estate.
Sec. 49n.
If after any sale of real estate, made as prescribed in sections 49 to 49v, the officer or other person making the sale has any surplus money after satisfying the mortgage on which the real estate was sold, and payment of the costs and expenses of the foreclosure and sale, the surplus shall be paid over by the officer or other person on demand, to the mortgagor or his or her legal representatives or assigns, unless at the time of the sale, or before the surplus is paid over, a claimant or claimants file with the person making the sale, a claim or claims, in writing, duly verified by the oath of the claimant or his or her agent or attorney, that the claimant has a subsequent mortgage or lien encumbering the real estate, or some part of the real estate, and stating the amount of the mortgage or lien unpaid, setting forth the facts and nature of the mortgage or lien, in which case the person making the sale shall immediately upon receiving the claim pay the surplus to, and file the written claim with, the clerk of the circuit court for the county in which the sale is made. A person interested in the surplus may apply to the court for an order to take proofs of the facts and circumstances contained in the claim or claims filed. The court shall summon the claimant or claimants, party, or parties interested in the surplus to appear before the court at a time and place named by the court, and attend the taking of the proof, and the claimant or claimants or party interested who appear may examine witnesses and produce such proof as they see fit. The court shall make an order directing the disposition of the surplus money or payment of the surplus money in accordance with the rights of the claimant or claimants or persons interested.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981 ;-- Am. 1993, Act 221, Imd. Eff. Oct. 29, 1993
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449o - Perpetuating Evidence of Sale; Affidavit; Endorsement Upon or Annexation to Instrument; References.

125.1449o Perpetuating evidence of sale; affidavit; endorsement upon or annexation to instrument; references.
Sec. 49o.
(1) A party desiring to perpetuate the evidence of a sale made pursuant to sections 49 to 49v, may procure 1 or more of the following:
(a) An affidavit of the publication of the notice of sale, and of any notice of postponement, to be made by the publisher of the newspaper in which the notice was inserted, or by a person in the employ of the publisher of the newspaper knowing the facts.
(b) An affidavit of the fact of a sale pursuant to such notice, to be made by the person who acted as auctioneer at the sale, stating the time and place at which the sale took place, the sum bid, and the name of the purchaser.
(c) An affidavit setting forth the time, manner, and place of posting a copy of such notice of sale to be made by the person posting the copy of the notice.
(2) Where any or all of the affidavits described in subsection (1) are endorsed upon or annexed to 1 instrument, a single copy of the notice of sale, and a single copy of any notice of postponement, is sufficient to annex to the instrument, and reference made in any of the affidavits to the copy of notice of sale and to the copy of any notice of postponement of sale as annexed or attached shall be considered to refer to the single copy of notice of sale and to the single copy of any notice of postponement.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981 ;-- Am. 1993, Act 221, Imd. Eff. Oct. 29, 1993
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449p - Taking and Certifying Affidavits.

125.1449p Taking and certifying affidavits.
Sec. 49p.
The affidavits specified in section 49o may be taken and certified by any officer authorized by law to administer oaths.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449q - Recording Affidavits; Presumptive Evidence of Facts.

125.1449q Recording affidavits; presumptive evidence of facts.
Sec. 49q.
Such affidavits shall be recorded at length by the register of deeds of the county in which the premises are situated, in a book kept for the record of deeds; and such original affidavits, the record thereof, and certified copies of such record, shall be presumptive evidence of the facts therein contained.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449r - Note Recording Evidence of Sale to Be Made in Margin of Mortgage Record.

125.1449r Note recording evidence of sale to be made in margin of mortgage record.
Sec. 49r.
A note referring to the page and book where the evidence of any sale having been made under a mortgage, is recorded, shall be made by the register recording such evidence, in the margin of the record of such mortgage, if such record be in his or her office.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449s - Notice of Payment to Purchaser, Agent, or Attorney.

125.1449s Notice of payment to purchaser, agent, or attorney.
Sec. 49s.
Upon the payment of the entire sum bid at such sale, and the interest thereon and expenses, as mentioned in section 49j, to the register of deeds of the county in whose office the sheriff's deed shall have been deposited, the register of deeds shall give notice of such payment, by mail or otherwise to the purchaser or his or her agent or attorney.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449t - Right to Enter Mortgaged Premises to Post or Serve Notices.

125.1449t Right to enter mortgaged premises to post or serve notices.
Sec. 49t.
Incident to the foreclosure of a mortgage pursuant to sections 49 to 49v, the authority or its agents or assigns may enter the mortgaged premises for the purpose of posting or serving the notices required by sections 49 to 49v.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981 ;-- Am. 1993, Act 221, Imd. Eff. Oct. 29, 1993
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449u - Action to Recover Deficiency Judgment Against Mortgagor; Defense; Applicability of Section.

125.1449u Action to recover deficiency judgment against mortgagor; defense; applicability of section.
Sec. 49u.
If, in the foreclosure of a mortgage by advertisement under this section and sections 49 to 49v, a sale of real property has been made or is made by the authority, at which the authority has become or becomes the purchaser, or takes or has taken title to the real property at the sale either directly or indirectly, and the authority sues for and undertakes to recover a deficiency judgment against the mortgagor or other maker of the obligation or any other person liable on the obligation, the defendant against whom such deficiency judgment is sought may allege and show, as a matter of defense and set-off to the extent only of the amount of the authority's claim, that the property sold was fairly worth the amount of the debt secured by it at the time and place of sale or that the amount bid was substantially less than its true value. The showing constitutes a defense to the action and defeats the deficiency judgment against the defendant, either in whole or in part to that extent. This section does not affect nor apply to the rights of other purchasers or of innocent third parties, nor shall it be held to affect or defeat the negotiability of any note, or other obligation secured by such mortgage or other instrument. The proceedings described in this section in no way affect the title of the purchaser to the lands acquired by such purchase. This section does not apply to foreclosure sales made pursuant to an order or decree of court nor to any judgment sought or rendered in any foreclosure suit nor to any chancery sale made and confirmed.
History:
Add. 1981, Act 173, Imd. Eff. Dec. 10, 1981 ;-- Am. 1993, Act 221, Imd. Eff. Oct. 29, 1993
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-2 - Chapter 2 (125.1421...125.1449v) › Section 125.1449v - Foreclosure Against Residential Property Not Exceeding 4 Units and Not More Than 3 Acres; Applicability of Section.

125.1449v Foreclosure against residential property not exceeding 4 units and not more than 3 acres; applicability of section.
Sec. 49v.
(1) For purposes of this chapter, if foreclosure proceedings have been commenced under this chapter against residential property not exceeding 4 units and not more than 3 acres in size, abandonment of premises shall be conclusively presumed upon satisfaction of all of the following requirements:
(a) The mortgagee has made a personal inspection of the mortgaged premises and the inspection does not reveal that the mortgagor or persons claiming under the mortgagor are presently occupying or will occupy the premises.
(b) The mortgagee has posted a notice at the time of making the personal inspection and has mailed by certified mail, return receipt requested, a notice to the mortgagor at the mortgagor's last known address, which notices state that the mortgagee considers the premises abandoned and that the mortgagor will lose all rights of ownership 30 days after the foreclosure sale unless the mortgagor; the mortgagor's heirs, executor, or administrator; or a person lawfully claiming from or under 1 of them provides the notice described in subdivision (c).
(c) Within 15 days after receipt of a notice required by subdivision (b), the mortgagor; the mortgagor's heirs, executor, or administrator; or a person lawfully claiming from or under 1 of them does not give written notice by first-class mail to the mortgagee at an address provided by the mortgagee in the notices required by subdivision (b) stating that the premises are not abandoned.
(2) This section applies to a foreclosure proceeding filed or pending after the effective date of the amendatory act that added this section.
History:
Add. 1993, Act 221, Imd. Eff. Oct. 29, 1993
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3 - Chapter 3 (125.1451...125.1457) › Section 125.1451 - Definitions.

125.1451 Definitions.
Sec. 51.
(1) The definitions in section 11 shall apply to this chapter, unless otherwise provided in this chapter.
(2) As used in this chapter:
(a) "Low and moderate income housing" means housing financed by bond issues authorized under this act, by federally-aided mortgages as defined in section 11(c), or by other programs directed toward providing housing within the financial means of low and moderate income families as the authority shall determine.
(b) "Probable aggregate annual income" means the total annual income of the chief wage earner or supporter of the family, plus the income of secondary wage earners in excess of $1,200.00 per year and the income of minors in excess of $800.00 per year, but excluding completely the income of college students.
(c) "Carrying charges" or "rental" means all regular charges paid on a periodic basis to a housing corporation by a person or family living in a rental or cooperative housing project, excluding initial down payments.
(d) "Housing charges" means monthly rentals or carrying charges, and includes estimated or actual expenditures for heat, light, water, cooking fuel, and other utilities, and other reasonable expenditures which the authority determines to be a part of housing charges.
(e) "Shelter rent" means the rental or carrying charges established for occupancy in housing projects, exclusive of payments for taxes and charges for heat, light, water, cooking fuel, and other necessary utilities.
(f) "Low income persons" means those persons designated as "low income persons" by the authority under section 22(o).
History:
1966, Act 346, Eff. Mar. 10, 1967 ;-- Am. 1979, Act 49, Imd. Eff. July 7, 1979
Compiler's Notes:
For transfer of Michigan state housing development authority from Michigan strategic fund to department of talent and economic development, see E.R.O. No. 2014-6, compiled at MCL 125.1995.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3 - Chapter 3 (125.1451...125.1457) › Section 125.1452 - Low and Moderate Income Housing; Dwelling Units to Certain Low Income Persons and Families.

125.1452 Low and moderate income housing; dwelling units to certain low income persons and families.
Sec. 52.
The authority may provide that up to 25% of the dwelling units in any development providing low and moderate income housing under federal, state or local government programs be made available to low income families and persons whose probable aggregate yearly income is less than 4 times as large as the regular yearly housing charges for such dwelling units. The dwelling units shall be made available to these families and persons at monthly rental payments or carrying charges so that yearly housing charges do not exceed 25% of the probable aggregate yearly income of such persons or families. The authority is authorized to contract with sponsors or owners of housing developments for up to 3,750 such units during the fiscal year ending June 30, 1967.
History:
1966, Act 346, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3 - Chapter 3 (125.1451...125.1457) › Section 125.1453 - Low Income Housing; Criteria for Determination of Occupant Eligibility; Rental Charges.

125.1453 Low income housing; criteria for determination of occupant eligibility; rental charges.
Sec. 53.
For purposes of carrying out the provisions of this chapter, the authority shall establish criteria and procedures for determining the eligibility of occupants and rental or carrying charges, including criteria and procedures with respect to periodic review of occupant incomes and periodic adjustment of rental or carrying charges.
History:
1966, Act 346, Eff. Mar. 10, 1967 ;-- Am. 1970, Act 129, Imd. Eff. July 29, 1970
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3 - Chapter 3 (125.1451...125.1457) › Section 125.1454 - Low and Moderate Income Housing; Agreements for Services of Selection of Eligible Families and Individuals.

125.1454 Low and moderate income housing; agreements for services of selection of eligible families and individuals.
Sec. 54.
The authority may enter into agreements, or authorize housing owners or sponsors to enter into agreements, with public or private agencies for services required in the selection of families and individuals who qualify under this chapter.
History:
1966, Act 346, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3 - Chapter 3 (125.1451...125.1457) › Section 125.1455 - Low and Moderate Income Housing; Rights of Persons or Families Benefited.

125.1455 Low and moderate income housing; rights of persons or families benefited.
Sec. 55.
The authority shall provide that low income families or persons benefiting under this chapter shall have the same rights, privileges and duties as other residents, except that no member of a cooperative, upon the resale of his membership in the cooperative, shall be reimbursed for any equity increment accumulated as a result of payments under this chapter. The authority shall endeavor to guarantee that knowledge of the special circumstances of such low income families is not divulged to other residents.
History:
1966, Act 346, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3 - Chapter 3 (125.1451...125.1457) › Section 125.1456 - Low and Moderate Income Housing; Financing for Small Scale Housing Developments.

125.1456 Low and moderate income housing; financing for small scale housing developments.
Sec. 56.
In special circumstances where the authority deems it appropriate in order to accomplish the purposes of this act, the authority may provide the necessary financing for small scale housing developments built primarily for low income families and individuals eligible for lower rentals or carrying charges under this chapter, and may waive the requirement that no more than 25% of the dwelling units in any particular project may be made available to low income families under this section.
History:
1966, Act 346, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3 - Chapter 3 (125.1451...125.1457) › Section 125.1457 - Appropriation.

125.1457 Appropriation.
Sec. 57.
There is hereby appropriated $5,000.00 from the general fund for the fiscal year ending June 30, 1967 for the administration of this act.
History:
1966, Act 346, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3A - Chapter 3a (125.1458...125.1458f) › Section 125.1458a - Michigan Housing and Community Development Fund; Creation; Administration; Credit of Amounts and Earnings From Investments; Availability of Money for Disbursement; Money in Fund at End of Fiscal Year.

125.1458a Michigan housing and community development fund; creation; administration; credit of amounts and earnings from investments; availability of money for disbursement; money in fund at end of fiscal year.
Sec. 58a.
(1) The Michigan housing and community development fund is created as a separate fund in the authority.
(2) The fund shall be administered by the authority, and money in the fund shall be expended only as provided in this act.
(3) The authority shall credit to the fund all amounts appropriated to the fund or to the authority for the fund and any other money made available to the authority for the fund from any other source for the purposes under this act. The authority, on behalf of the fund, may solicit and accept gifts, grants, labor, loans, and other aid from any person, government, or entity. The authority may receive money or other assets from any source for deposit into the fund, including, but not limited to, federal funds, gifts, bequests, and donations.
(4) The authority shall invest the money and credit the earnings from the investments to the fund in accordance with section 22.
(5) Money appropriated to the fund or to the authority for the fund shall be available for disbursement by the authority upon appropriation.
(6) Money in the fund at the close of a fiscal year shall remain in the fund and shall not lapse to the general fund.
History:
Add. 2004, Act 480, Imd. Eff. Dec. 28, 2004 ;-- Am. 2008, Act 216, Imd. Eff. July 16, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3A - Chapter 3a (125.1458...125.1458f) › Section 125.1458c - Expenditures; Purposes.

125.1458c Expenditures; purposes.
Sec. 58c.
(1) The authority shall expend money in the fund to make grants, mortgage loans, or other loans to eligible applicants as provided in this section to enable eligible applicants to finance any of the following with respect to housing or home ownership for low income, very low income, and extremely low income households and with respect to projects located in a downtown area or adjacent neighborhood:
(a) Acquisition of land and buildings.
(b) Rehabilitation.
(c) New construction.
(d) Development and predevelopment costs.
(e) Preservation of existing housing.
(f) Community development projects, including, but not limited to, infrastructure improvements, economic development projects, blight elimination, or community facilities.
(g) Insurance.
(h) Operating and replacement reserves.
(i) Down payment assistance.
(j) Security deposit assistance.
(k) Foreclosure prevention and assistance.
(l) Individual development accounts established under the individual or family development account program act, 2006 PA 513, MCL 206.701 to 206.711.
(m) Activities related to ending homelessness.
(n) Assistance to nonprofit organizations, municipalities, and land bank fast track authorities organized under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774.
(o) Predatory lending prevention or relief.
(2) The authority shall expend a portion of the fund for housing for persons with physical or mental handicaps and persons living in eligible distressed areas.
(3) The authority may make a loan to an eligible applicant from the fund at no interest or at below market interest rates, with or without security, and may make a loan for predevelopment financing.
(4) The authority may provide assistance to eligible applicants for housing units for very low income or extremely low income households within multifamily housing that is occupied partly by very low income or extremely low income households and partly by households that do not qualify as very low income or extremely low income households, subject to the rules promulgated by the authority.
(5) The authority may expend money in the fund for all other things necessary to achieve the objectives and purposes of the fund or this chapter.
(6) When performing functions under this chapter, the authority shall consider advice provided by the committee created under section 58e.
History:
Add. 2004, Act 480, Imd. Eff. Dec. 28, 2004 ;-- Am. 2008, Act 216, Imd. Eff. July 16, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3A - Chapter 3a (125.1458...125.1458f) › Section 125.1458d - Housing Assistance; Conditions.

125.1458d Housing assistance; conditions.
Sec. 58d.
The authority shall not provide assistance for housing under this chapter unless both of the following circumstances exist:
(a) If the housing is multifamily housing, the owner or manager agrees in writing not to evict a tenant without just cause, as defined in section 44a of 1933 (Ex Sess) PA 18, MCL 125.694a.
(b) The housing is sold or rented with a deed restriction, agreement, or other legal document that provides for the recapture of some or all of the assistance provided under this chapter upon terms and conditions specified in rules of the authority promulgated under section 58b(3).
History:
Add. 2004, Act 480, Imd. Eff. Dec. 28, 2004
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 346 of 1966 - State Housing Development Authority Act of 1966 (125.1401 - 125.1499c) › 346-1966-3A - Chapter 3a (125.1458...125.1458f) › Section 125.1458f - Rights of Holders of Authority Bonds or Notes; Construction of Chapter as to Status of Money Controlled by Authority.

125.1458f Rights of holders of authority bonds or notes; construction of chapter as to status of money controlled by authority.
Sec. 58f.
(1) When performing duties under this chapter, the authority and the committee created under section 58e shall remain cognizant of the rights of the holders of authority bonds or notes and the extent to which certain authority bond and note contracts may require the authority to either maintain sufficient personnel or contract for services to plan authority programs and to supervise enforcement and, where necessary, foreclosure of authority mortgage agreements.
(2) Nothing in this chapter shall be construed to affect the status of money of the authority controlled by the authority as state funds appropriated to the authority lose their identity as state funds upon payment to the authority and become public funds of the authority solely under the control of the authority and funds established by or within the authority and are public trust funds administered by the authority. Nothing in this chapter shall be construed to impair the obligation of any bond or note issued by the authority. Bonds and notes issued by the authority are obligations of the authority and not obligations of this state.
History:
Add. 2008, Act 244, Imd. Eff. July 17, 2008