Rule 3.410 Foreclosure of Mortgages and Land Contracts

(A) Rules Applicable. Except as prescribed in this rule, the general rules of procedure apply to actions to foreclose mortgages and land contracts.

(B) Pleading.

(1) A plaintiff seeking foreclosure or satisfaction of a mortgage on real estate or a land contract must state in the complaint whether an action has ever been brought to recover all or part of the debt secured by the mortgage or land contract and whether part of the debt has been collected or paid.

(2) In a complaint for foreclosure or satisfaction of a mortgage or a land contract, it is not necessary to set out in detail the rights and interests of the defendants who are purchasers of, or who have liens on, the premises, subsequent to the recording of the mortgage or land contract. It is sufficient for the plaintiff, after setting out his or her own interest in the premises, to state generally that the defendants have or claim some interest in the premises as subsequent purchasers, encumbrancers, or otherwise.

(C) Time for Sale. A sale under a judgment of foreclosure may not be ordered on less than 42 days' notice. Publication may not begin until the time set by the judgment for payment has expired, and

(1) until 6 months after an action to foreclose a mortgage is begun;

(2) until 3 months after an action to foreclose a land contract is begun.

(D) Disposition of Surplus. When there is money remaining from a foreclosure sale after paying the amount due the plaintiff, a party to the action may move for the disposition of the surplus in accordance with the rights of the parties entitled to it.

(E) Administration of Mortgage Trusts in Equity.

(1) Proceedings of the kind described in MCL 600.3170 are governed by the procedures prescribed by MCL 451.401-451.405, except as modified by this subrule.

(2) A bond, other obligation, or beneficial interest held by or for the benefit of the mortgagor or the mortgagor's successor in estate, or subject to an agreement or option by which the mortgagor or the mortgagor's successor in estate may acquire it or an interest in it, may not be considered in determining a majority of such obligations or beneficial interests, either as part of the majority or as part of the whole number of which the majority is required.