2013 Senate Bill 383 / Public Act 104

Revise foreclosure restrictions

Introduced in the Senate

May 22, 2013

Introduced by Sen. Darwin Booher (R-35)

To clarify the right of a mortgage foreclosure auction property buyer to monitor the property during the post-auction redemption period, and specify physical evidence that would suggest abandonment and therefore trigger a shorter redemption period during which the delinquent borrower is entitled to redeem the property.

Referred to the Committee on Banking and Financial Institutions

May 28, 2013

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

June 11, 2013

Substitute offered

To adopt a version of the bill that does not reduce foreclosure redemption periods, but instead just emphasizes the right of a foreclosure auction buyer to monitor the property during the redemption period, and specifies physical evidence that would suggest abandonment and therefore trigger a shorter redemption period.

The substitute passed by voice vote

Amendment offered by Sen. Darwin Booher (R-35)

To remove the "tie-bar" that requires some related bills to go into law before this one can.

The amendment passed by voice vote

Passed in the Senate 36 to 1 (details)

Received in the House

June 11, 2013

Referred to the Committee on Financial Liability Reform

June 13, 2013

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 20, 2013

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Collene Lamonte (D-91)

To revise the provisions allowing the purchaser of the property to inspect it during the redemption period, in ways that raise the threshold of "damage" that would allow the buyer to begin summary proceedings for possession.

The amendment failed by voice vote

Amendment offered by Rep. Jim Stamas (R-98)

To allow the foreclosed owner to forestall the tax auction buyer from beginning summary proceedings for possession because of damage to the property, by repairing the damage.

The amendment passed by voice vote

Amendment offered by Rep. Jim Stamas (R-98)

To establish that if passed the bill will go into effect on Jan. 10, 2014.

The amendment passed by voice vote

Passed in the House 59 to 50 (details)

To clarify the right of a mortgage foreclosure auction property buyer to monitor the property during the post-auction redemption period, and specify physical evidence that would suggest abandonment and therefore trigger a shorter redemption period during which the delinquent borrower is entitled to redeem the property.

Received in the Senate

June 20, 2013

Passed in the Senate 28 to 10 (details)

Signed by Gov. Rick Snyder

July 3, 2013