Michigan Foreclosure Procedure Provides Adequate Notice, Process

Michigan’s foreclosure procedure doesn’t violate the due process clause, the U.S. Court of Appeals for the Sixth Circuit ruled April 7 (Garcia v. Fannie Mae, 2015 BL 97650, 6th Cir., 14-1687, 4/7/15).

The state’s foreclosure statute satisfies due process by giving homeowners “notice and opportunities to cure” a default or to “redeem the property at several points before the borrower’s rights are fully extinguished,” the decision by Judge Gilbert S. Merritt said. Judge Jane Branstetter Stranch joined the opinion.

This procedure is adequate even though it doesn’t provide for a preforeclosure judicial hearing, the court held.

The ...