SENATE BILL No. 349

March 20, 2001, Introduced by Senator BULLARD and referred to the Committee on Financial Services.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 2431, 2558, 3216, 3220, 3232, 3240, 3248,

3252, and 3272 (MCL 600.2431, 600.2558, 600.3216, 600.3220,

600.3232, 600.3240, 600.3248, 600.3252, and 600.3272), section

2558 as amended by 1996 PA 214 and section 3240 as amended by

2000 PA 380, and by adding section 2421h.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 2421H. (1) A MORTGAGE IS A RESIDENTIAL MORTGAGE IF THE

2 REAL PROPERTY DESCRIBED IN THE MORTGAGE INCLUDES 1 OR MORE OF THE

3 FOLLOWING:

4 (A) A SINGLE STRUCTURE DESIGNED PRINCIPALLY FOR THE OCCU-

5 PANCY OF FROM 1 TO 4 FAMILIES.

6 (B) A SINGLE MANUFACTURED HOME DESIGNED PRINCIPALLY FOR THE

7 OCCUPANCY OF FROM 1 TO 4 FAMILIES.

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1 (C) A SINGLE CONDOMINIUM UNIT OR COOPERATIVE UNIT DESIGNED

2 PRINCIPALLY FOR THE OCCUPANCY OF FROM 1 TO 4 FAMILIES.

3 (D) REAL PROPERTY UPON WHICH THE MORTGAGOR INTENDS TO CON-

4 STRUCT A SINGLE STRUCTURE DESIGNED PRINCIPALLY FOR THE OCCUPANCY

5 OF FROM 1 TO 4 FAMILIES, IF THE STRUCTURE IS TO BE CONSTRUCTED

6 USING PROCEEDS OF A LOAN SECURED BY THE MORTGAGE, UNLESS THE

7 MORTGAGOR INTENDS TO RESELL THE STRUCTURE WITHOUT OCCUPYING IT AS

8 A DWELLING.

9 (E) REAL PROPERTY UPON WHICH THE MORTGAGOR INTENDS TO PLACE

10 A SINGLE MANUFACTURED HOME, IF IT WILL BE PURCHASED USING PRO-

11 CEEDS OF A LOAN SECURED BY THE MORTGAGE, UNLESS THE MORTGAGOR

12 INTENDS TO RESELL THE MANUFACTURED HOME WITHOUT OCCUPYING IT AS A

13 DWELLING.

14 (2) NOTWITHSTANDING SUBSECTION (1), A MORTGAGE IS NOT A RES-

15 IDENTIAL MORTGAGE IF THE REAL PROPERTY DESCRIBED IN THE MORTGAGE

16 IS MORE THAN 25 ACRES IN SIZE.

17 Sec. 2431. (1) The FEES AND expenses of foreclosing any

18 mortgage by advertisement CONDUCTING A FORECLOSURE UNDER CHAPTER

19 32 shall be taxed in the circuit court as in civil actions upon

20 the request of any person paying the expenses thereof, and upon

21 such ASSESSED AGAINST THE party liable to pay the same

22 EXPENSES.

23 (2) Where IF an attorney is employed RETAINED to

24 foreclose a mortgage by advertisement CONDUCT A FORECLOSURE

25 UNDER CHAPTER 32, an attorney's ATTORNEY fee , not to exceed

26 any amount which may be provided for in the mortgage, may SHALL

27 be included as a part of the expenses ALLOWED TO BE TAXED UNDER

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1 SUBSECTION (1) AND in the amount bid upon such IN THE sale for

2 principal and interest due thereon in the following amounts: ON

3 THE MORTGAGE. THE ATTORNEY FEE SHALL ALSO INCLUDE LEGAL FEES AND

4 COSTS.

5 (a) for all sums of $1,000.00 or less, $25.00.

6 (b) for all sums over $1,000.00 but less than $5,000.00,

7 $50.00.

8 (c) for all sums of $5,000.00 or more, $75.00.

9 But if payment is made after foreclosure proceedings are

10 commenced and before sale is made, only 1/2 of such attorney's

11 fees shall be allowed. Both the principal and the interest due

12 thereon shall be included in the sum on which the attorney's fee

13 is computed.

14 (3) IF THE REAL PROPERTY IS SOLD AT THE FORECLOSURE SALE AND

15 THE MORTGAGE IS NOT A RESIDENTIAL MORTGAGE, THE ATTORNEY FEE

16 SHALL NOT EXCEED THE LESSER OF THE FEE WHICH IS PROVIDED FOR IN

17 THE MORTGAGE, THE ATTORNEY'S USUAL AND CUSTOMARY HOURLY CHARGES

18 AND ACTUAL EXPENSES OF THE ATTORNEY RETAINED TO FORECLOSE THE

19 MORTGAGE, OR 5% OF THE PURCHASE PRICE OF THE REAL ESTATE AT THE

20 FORECLOSURE SALE.

21 (4) IF THE REAL ESTATE IS SOLD AT THE FORECLOSURE SALE AND

22 THE MORTGAGE IS A RESIDENTIAL MORTGAGE, THE ATTORNEY FEE SHALL BE

23 THE FEE SPECIFIED IN THE RESIDENTIAL MORTGAGE, BUT IF NO ATTORNEY

24 FEE IS SPECIFIED IN THE RESIDENTIAL MORTGAGE, THE ATTORNEY FEE

25 SHALL NOT EXCEED 3% OF THE PRINCIPAL, INTEREST, AND OTHER AMOUNTS

26 OWED UNDER THE TERMS OF THE RESIDENTIAL MORTGAGE LOAN. THE

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1 AMOUNT PERMITTED UNDER THIS SUBSECTION IS A REASONABLE AMOUNT FOR

2 THE FEE OF THE ATTORNEY FORECLOSING A RESIDENTIAL MORTGAGE.

3 (5) IF THE REAL ESTATE IS NOT SOLD AT A MORTGAGE FORECLOSURE

4 SALE, THE ATTORNEY FEE DESCRIBED IN THIS SECTION MAY BE CHARGED

5 TO THE MORTGAGOR BY THE MORTGAGE HOLDER AND PAID TO THE ATTORNEY

6 RETAINED TO FORECLOSE THE MORTGAGE.

7 (6) WHEN A PERSON AUTHORIZED TO ACT AS AN AUCTIONEER UNDER

8 SECTION 26 OR 27 OF 1846 RS 21, MCL 446.26 AND 446.27, IS

9 RETAINED TO CONDUCT A MORTGAGE FORECLOSURE SALE, AN AUCTIONEER

10 FEE SHALL BE INCLUDED AS A PART OF THE EXPENSES ALLOWED TO BE

11 TAXED UNDER SUBSECTION (1) AND IN THE AMOUNT BID IN THE SALE FOR

12 PRINCIPAL AND INTEREST DUE ON THE MORTGAGE. THE AUCTIONEER FEE

13 SHALL NOT EXCEED 2% OF THE AMOUNT OF THE PURCHASE PRICE OF THE

14 REAL ESTATE OR $500.00, WHICHEVER IS LESS. IF THE SALE OF THE

15 REAL ESTATE IS ADJOURNED BY THE PARTY FORECLOSING THE MORTGAGE,

16 THE AUCTIONEER MAY COLLECT A REASONABLE FEE, NOT TO EXCEED

17 $25.00, TO RESCHEDULE THE FORECLOSURE SALE.

18 Sec. 2558. (1) The sheriff is entitled to the fees provided

19 in this section and section 2559.

20 (2) The following fees of the sheriff are allowed:

21 (a) For taking a bond if the sheriff is authorized to take

22 the bond, $1.50; for a certified copy of the bond, if requested,

23 $1.00.

24 (b) For every certificate on the sale of real estate, $1.50;

25 and for each copy of the certificate, $1.50, which, together with

26 the register's fee for filing the certificate, shall be collected

27 as other fees on execution.

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1 (c) For taking a bond for the liberties of the jail, $1.50.

2 (d) For summoning a jury upon a writ of inquiry, attending

3 the jury, and making and returning the inquisition, $5.00.

4 (e) For summoning a jury pursuant to UNDER any precept or

5 summons of any officer if any special proceeding, $5.00, and for

6 attending the jury when required, $5.00.

7 (f) For bringing up a prisoner upon habeas corpus, $3.00,

8 and for traveling each mile from the jail, 15 cents; for attend-

9 ing any court with that prisoner, $5.00 per day, plus actual nec-

10 essary expenses.

11 (g) For attending before any officer with a prisoner for the

12 purpose of having the prisoner surrendered in exoneration of his

13 or her bail, or attending to receive a SURRENDERED prisoner, so

14 surrendered, who was not committed at the time, and receiving

15 that prisoner into the sheriff's custody, in either case,

16 $15.00.

17 (h) For attending a view VIEWING, when ordered by the

18 court, $15.00 per day, including the time occupied in going and

19 returning.

20 (i) For making and returning an inventory and appraisal to

21 the appraisers, $10.00 for each day actually employed, and $5.00

22 for each half day. The court, by rule, may adjust a schedule

23 fixing amount of appraisal fees if the court considers the statu-

24 tory fee to be inadequate.

25 (j) For drafting an inventory, $1.25 for each page and for

26 copying the inventory, 10 cents for each page.

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1 (k) For giving notice for general or special election to the

2 inspectors of the different townships and wards of the county,

3 $1.00 for each township or ward, and the expenses of publishing

4 the notices required by law, those fees and expenses to be paid

5 by the county, as other contingent expenses of the election.

6 (l) For attending the supreme court by the order of the

7 court, $10.00 for each day, to be allowed by the auditor general

8 on the certificate of the clerk, and paid out of the state trea-

9 sury, not taxable as costs.

10 (m) For attending the circuit court , by the order of the

11 court, $15.00 for each day, except in the THIS FEE IS NOT TAX-

12 ABLE AS COSTS IN WAYNE county. of Wayne; not taxable as costs.

13 In the WAYNE county, of Wayne there shall be paid to the

14 deputy sheriffs in actual attendance on the circuit court in the

15 county such compensation as shall be fixed by the board of

16 commissioners in accordance with the county uniform salary plan

17 to be allowed and paid as other contingent charges of the county

18 are paid; the number of deputies shall not exceed 2 for each

19 judge of the third judicial circuit.

20 (n) For summoning grand or petit jurors to attend the cir-

21 cuit court, $2.00 for each juror summoned, not taxable as costs.

22 (o) For keeping and providing for a debtor in jail where the

23 debtor is unable to support himself or herself, $1.00 for each

24 day or such sum as shall be fixed by the board of commissioners,

25 to be paid by the creditor each week, in advance, and which sum

26 the creditor shall be entitled to recover from the debtor.

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1 (p) For posting notices on property for foreclosure sales,

2 $14.00 $16.00 for each posting, plus mileage.

3 (q) For selling lands on the foreclosure of a mortgage by

4 advertisement, ; and executing a deed to the purchaser, and for

5 all services required on that sale, $50.00 THE AMOUNT THAT IS

6 ALLOWED TO BE CHARGED TO CONDUCT THE FORECLOSURE SALE UNDER

7 SECTION 2431.

8 (r) For each adjournment of the sale of land on the foreclo-

9 sure of a mortgage by advertisement, $8.00 THE AMOUNT THAT IS

10 ALLOWED TO BE CHARGED UNDER SECTION 2431.

11 (s) For serving notice of a person claiming title under a

12 tax deed, in person and by mail, $14.00 $16.00 plus mileage.

13 (3) Each of the fees prescribed in subsection (2)(p) and

14 (s) shall increase to $15.00 on October 1, 1996, and to $16.00 on

15 October 1, 1997.

16 (3) (4) Mileage allowed under subsection (2) shall be com-

17 puted in the same manner as provided for process served out of

18 the circuit court under section 2559(3) 2559(4).

19 (4) (5) Any sheriff or other officer who demands or

20 receives any greater fees or compensation for performing any of

21 the services mentioned in UNDER this section than as allowed by

22 this section , shall, in addition to all other liabilities

23 now provided FOR by law, be liable to the party injured , for

24 paying the illegal fees, in AN AMOUNT EQUAL TO 3 times the

25 amount so demanded, received, or paid, together with all costs

26 of the action.

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1 (5) (6) Any sheriff or other officer who neglects or

2 refuses any of the services required by law, after the fees

3 specified have been tendered, shall be liable to the party

4 injured for all damages which the party sustains by reason of

5 that neglect or refusal.

6 Sec. 3216. (1) The sale shall be at public sale, CONDUCTED

7 between the hour of 9 o'clock in the forenoon and 4 o'clock in

8 the afternoon 9 A.M. AND 4 P.M., at the place of holding the

9 circuit court within FOR the county in which the premises

10 REAL PROPERTY to be sold , or some part of them, are situated,

11 and shall be made by the person appointed for that purpose in the

12 mortgage, or by the sheriff, undersheriff, or a deputy sheriff of

13 the county, to the highest bidder IT IS LOCATED.

14 (2) THE SALE SHALL BE CONDUCTED BY A PERSON LICENSED UNDER

15 1955 PA 224, MCL 446.51 TO 446.60, OR BY THE SHERIFF, UNDERSHER-

16 IFF, OR DEPUTY SHERIFF OF THE COUNTY.

17 Sec. 3220. Such A FORECLOSURE sale may be adjourned from

18 time to time , by the AUCTIONEER, sheriff, or other officer or

19 person appointed OR RETAINED to make such CONDUCT THE sale at

20 the request of the party in whose name the notice of sale is pub-

21 lished by posting a notice of such THE adjournment before or at

22 the time of and at the place where said THE sale is to be

23 made CONDUCTED, and if any adjournment be IS for more than 1

24 week at one A time, the notice thereof OF THE ADJOURNMENT,

25 appended to the original notice of sale, shall also be published

26 in the newspaper in which the original notice was published, the

27 first publication to be within 10 days of the date from which the

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1 sale was adjourned and thereafter once in each full secular

2 week during the time for which such THE sale shall be IS

3 adjourned. No oral ORAL announcement of any adjournment shall

4 NOT be necessary.

5 Sec. 3232. The IMMEDIATELY AFTER THE SALE, THE AUCTION-

6 EER, SHERIFF, officer, or person making the sale shall

7 forthwith execute, acknowledge, and deliver , to each pur-

8 chaser a deed of the premises REAL PROPERTY bid off by him ;

9 and if OR HER. IF the lands are situated REAL PROPERTY IS

10 LOCATED in several counties, he shall make THE AUCTIONEER,

11 SHERIFF, OFFICER, OR PERSON MAKING THE SALE SHALL EXECUTE,

12 ACKNOWLEDGE, AND DELIVER TO THE PURCHASER A separate deeds of

13 the lands DEED FOR THE REAL PROPERTY in each county , and

14 specify therein the precise amounts for which each parcel of

15 land therein REAL PROPERTY described was sold. And he shall

16 endorse upon each deed EACH DEED SHALL STATE the time when the

17 same DEED will become operative EFFECTIVE in case the

18 premises are REAL PROPERTY IS not redeemed according to law.

19 Such EACH deed or deeds shall, as soon as practicable, and

20 within 20 days after such THE sale, be deposited with the reg-

21 ister of deeds of the county in which the land therein REAL

22 PROPERTY described is situated, and the register shall endorse

23 thereon ON THE DEED the time the same DEED was received ,

24 and for the better preservation thereof, shall record the same

25 at length in a book to be provided in his office for that

26 purpose; and shall index the same in the regular index of

27 deeds, and the DEED. THE fee for recording the same DEED

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1 shall be included among the other costs and expenses allowed by

2 law. In case such premises shall be THE REAL PROPERTY IS

3 redeemed, the register of deeds shall, at the time of destroying

4 such THE deed , as provided in section 3244, of this

5 chapter, write on the face of such THE record the word

6 "Redeemed", stating at ON what date such THE entry is made

7 , and signing such THE entry with his OR HER official

8 signature.

9 Sec. 3240. (1) A purchaser's deed is void if the mortgagor,

10 the mortgagor's heirs, executors, or administrators, or any

11 person lawfully claiming under the mortgagor, the mortgagor's

12 heirs, executors, or administrators redeems the entire premises

13 sold by paying the amount required under subsection (2) THIS

14 SECTION, within the applicable time limit prescribed in

15 subsections SUBSECTION (7), to (12), to the purchaser, the

16 purchaser's executors, administrators, or assigns, or to the reg-

17 ister of deeds in whose office the deed is deposited for the ben-

18 efit of the purchaser.

19 (2) The amount required to be paid under subsection (1) is

20 the sum that was bid for the entire premises REAL PROPERTY

21 sold, with interest from the time of the sale at the rate percent

22 borne by the mortgage, together with the amount of the

23 sheriff's fee paid by the purchaser under section 2558(2)(q),

24 and an additional $3.00 as a fee for the care and custody of the

25 redemption money if the payment is made to the register of

26 deeds.

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1 (3) If a distinct lot or parcel separately sold is redeemed,

2 leaving a portion of the premises REAL PROPERTY unredeemed, the

3 deed shall be inoperative only to the redeemed parcel or parcels,

4 and to those portions that have not been redeemed the deed shall

5 remain valid.

6 (4) If after the sale the purchaser, the purchaser's heirs,

7 executors, or administrators, or any person lawfully claiming

8 under the purchaser, the purchaser's heirs, executors, or admin-

9 istrators pays taxes assessed against the property, amounts nec-

10 essary to redeem senior liens from foreclosure, condominium

11 assessments, homeowner association assessments, community associ-

12 ation assessments, or premiums on an insurance policy covering

13 any buildings located on the property that under the terms of the

14 mortgage it would have been the duty of the mortgagor to pay if

15 the mortgage had not been foreclosed and that are necessary to

16 keep the policy in force until the expiration of the period of

17 redemption, redemption shall be made only upon payment of the sum

18 specified in subsection (2) plus the amounts specified in this

19 subsection with interest on the amounts specified in this subsec-

20 tion from the date of the payment to the date of redemption at

21 the rate specified in the mortgage, if all of the following are

22 filed with the register of deeds with whom the deed is

23 deposited:

24 (a) An affidavit by the purchaser or someone in his or her

25 behalf who has knowledge of the facts of the payment showing the

26 amount and items paid.

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1 (b) The receipt or copy of the canceled check evidencing the

2 payment of the taxes, amounts necessary to redeem senior liens

3 from foreclosure, condominium assessments, homeowner association

4 assessments, community association assessments, or insurance

5 premiums.

6 (c) An affidavit of an insurance agent of the insurance com-

7 pany stating that the payment was made and what portion of the

8 payment covers the premium for the period prior to the expiration

9 of the period of redemption.

10 (4) IF BEFORE THE EXPIRATION OF THE REDEMPTION PERIOD AND

11 BEFORE REDEMPTION OF THE REAL PROPERTY AN AFFIDAVIT OF THE

12 AMOUNTS PAID UNDER THIS SECTION IS FILED WITH THE REGISTER OF

13 DEEDS WITH WHOM THE DEED IS DEPOSITED PURSUANT TO SECTION 3232,

14 REDEMPTION SHALL BE MADE ONLY UPON PAYMENT OF THE AMOUNT SPECI-

15 FIED IN SUBSECTION (2) PLUS THE AMOUNTS SPECIFIED IN THIS SUBSEC-

16 TION WITH INTEREST ON THE AMOUNTS SPECIFIED IN THIS SUBSECTION

17 FROM THE DATE OF THE PAYMENT TO THE DATE OF REDEMPTION AT THE

18 RATE SPECIFIED IN THE MORTGAGE. THE PURCHASER, THE PURCHASER'S

19 HEIRS, EXECUTORS, OR ADMINISTRATORS, OR ANY PERSON LAWFULLY

20 CLAIMING UNDER THE PURCHASER, THE PURCHASER'S HEIRS, EXECUTORS,

21 OR ADMINISTRATORS MAY PAY AT ANY TIME DURING THE PERIOD OF

22 REDEMPTION THE FOLLOWING EXPENSES:

23 (A) ANY GENERAL OR SPECIAL REAL PROPERTY TAXES AND ASSESS-

24 MENTS AND WATER BILLS LEVIED OR ACCRUING AGAINST THE REAL

25 PROPERTY.

26 (B) THE PREMIUMS ON ANY CASUALTY INSURANCE NECESSARY TO

27 PROTECT ANY IMPROVEMENTS COMPRISING A PART OF THE REAL PROPERTY.

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1 (C) AMOUNTS DUE ON ANY PRIOR LIEN OR ENCUMBRANCE ON THE REAL

2 PROPERTY.

3 (D) IF THE PROPERTY IS A LEASEHOLD OR IS SUBJECT TO A LEASE,

4 ALL AMOUNTS DUE UNDER SUCH LEASE.

5 (E) THE REASONABLE COSTS AND EXPENSES OF DEFENDING, PROTECT-

6 ING, AND MAINTAINING THE PROPERTY AND THE PURCHASER'S INTEREST IN

7 THE PROPERTY, INCLUDING, WITHOUT LIMITATION, REPAIR AND MAINTE-

8 NANCE COSTS AND EXPENSES AND COSTS AND EXPENSES OF PROTECTING AND

9 SECURING THE PROPERTY.

10 (F) ANY OTHER COSTS AND EXPENSES WHICH MAY BE AUTHORIZED BY

11 A COURT OF COMPETENT JURISDICTION.

12 (5) If the redemption payment in subsection (4) includes an

13 amount used to redeem a senior lien from a nonjudicial foreclo-

14 sure, the mortgagor shall have the same defenses against the pur-

15 chaser with respect to the amount used to redeem the senior lien

16 as the mortgagor would have had against the senior lien.

17 (6) The register of deeds shall indorse on the documents

18 filed pursuant to UNDER subsection (4) the time they are

19 received. The register of deeds shall record the affidavit of

20 the purchaser only and shall preserve in his or her files the

21 recorded affidavit , receipts, insurance receipts, and insurance

22 agent's affidavit until expiration of the period of redemption.

23 (7) For a mortgage executed on or after January 1, 1965, on

24 commercial or industrial property, or multifamily residential

25 property in excess of 4 units, the redemption period is 6 months

26 from the time of the sale.

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1 (8) For a mortgage executed on or after January 1, 1965, on

2 residential property not exceeding 4 units and not more than 3

3 acres in size, if the amount claimed to be due on the mortgage at

4 the date of the notice of foreclosure is more than 66-2/3% of the

5 original indebtedness secured by the mortgage, the redemption

6 period is 6 months.

7 (9) For a mortgage on residential property not exceeding 4

8 units and not more than 3 acres in size, if the REAL property is

9 abandoned as determined pursuant to section 3241, the redemption

10 period is 3 months.

11 (10) For a mortgage on residential property not exceeding 4

12 units and not more than 3 acres in size, if the amount claimed to

13 be due on the mortgage at the date of the notice of foreclosure

14 is more than 66-2/3% of the original indebtedness secured by the

15 mortgage and the property is abandoned as determined pursuant to

16 section 3241, the redemption period is 1 month.

17 (11) If the REAL property is abandoned as determined pursu-

18 ant to section 3241a, the redemption period is 30 days.

19 (12) In any other case, the redemption period is 1 year from

20 the date of the sale.

21 Sec. 3248. If any A person entitled to receive such THE

22 redemption moneys, MONEY shall, upon payment or tender

23 thereof to him OR HER, refuse to make and acknowledge such

24 THE certificate of payment, he OR SHE shall be liable to the

25 person aggrieved, thereby, in the sum of $100.00 damages, over

26 and above all the actual damages sustained, to be recovered in a

27 civil action, except that no damages of any kind may SHALL

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1 NOT be recovered from any register of deeds who shall refuse

2 REFUSES to accept tender of payment after the time indorsed upon

3 the deed when the same shall become DEED BECOMES operative in

4 case the premises are REAL PROPERTY IS not redeemed, and the

5 AUCTIONEER, SHERIFF, officer, or person making the sale shall be

6 entitled to rely conclusively upon the recital of the length of

7 the redemption period contained in the notice of foreclosure in

8 making such THE indorsement upon the deed.

9 Sec. 3252. If after any A sale of real estate, made as

10 herein prescribed, there shall remain REMAINS in the hands of

11 the AUCTIONEER, SHERIFF, officer, or other person making the sale

12 , any surplus money after satisfying the mortgage on which the

13 real estate was sold , and payment of the costs and expenses of

14 the foreclosure and sale, the surplus shall be paid over by the

15 AUCTIONEER, SHERIFF, officer, or other person on demand, WITHIN

16 30 DAYS AFTER THE FORECLOSURE SALE to the mortgagor , his OR

17 THE MORTGAGOR'S legal representatives or assigns, unless at the

18 time of the sale, or before the surplus shall be so IS paid

19 over, some claimant or claimants , shall file with the person

20 so making the sale , a claim or claims, in writing, duly

21 verified by the oath of the claimant , his OR THE CLAIMANT'S

22 agent , or attorney, that the claimant has a subsequent mort-

23 gage or lien encumbering the real estate , or some part

24 thereof, and stating the amount thereof unpaid , AND setting

25 forth the facts and nature of the same CLAIM, in which case the

26 person so making the sale , shall, forthwith upon receiving

27 the claim, pay the surplus to, and file the written claim with,

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1 the clerk of the circuit court of the county in which the sale is

2 so made. ; and thereupon any ANY person or persons interested

3 in the surplus , may apply to the court for an order to take

4 proofs of the facts and circumstances contained in the claim or

5 claims so filed. Thereafter, the THE court shall summon the

6 claimant or claimants, party, or AND parties interested in the

7 surplus , to appear before him THE COURT at a time and place

8 to be by him named, and attend the taking of the proof, and the

9 SET BY THE COURT. THE claimant or claimants or party AND

10 PARTIES interested who shall appear may examine witnesses and

11 produce such proof as they or either of them may see fit, and

12 the PROOFS. THE court shall thereupon make an order in the

13 premises directing the disposition of the surplus moneys MONEY

14 or payment thereof in accordance with the rights of the claim-

15 ant or claimants or persons OTHER interested PERSONS.

16 Sec. 3272. Upon the payment of the entire sum bid at such

17 sale, and the interest thereon and expenses as in section 3240 of

18 this chapter mentioned to the register of deeds of the county in

19 whose office the sheriff's deed shall have been deposited

20 RECEIPT OF THE AMOUNTS DESCRIBED IN SECTION 3240, the register of

21 deeds shall give notice of such THE payment, by mail or

22 otherwise, to the purchaser , OR his OR HER agent or attorney.

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