No, the foreclosure process (through the end of the redemption period -typically six months) does not change the requirements of the full eviction process, nor does it excuse you or your landlord from fulfilling your duties as landlord and tenant.

The U.S. Congress earlier this year dealt with the issues that occur after the redemption period is over, and the bank or mortgage company takes over as owner of the house or apartment building. If you have an existing lease, both parties (bank and tenant) must honor and continue with the terms of that lease. (Unless in the rare occasion when the bank/mortgage company intends to use the property.) Therefore, you must pay the bank your monthly rent, and the bank must perform all maintenance and repairs.

If there is no existing lease at the end of the redemption period, the bank or mortgage company must give the tenants a 90 day Notice to Quit (court form- DC 100c). Tenants must realize that many landlords do not notify their banks that the mortgage is for a rental property, and so the bank may just send the landlord a 30 day Notice to Quit. When the tenant then gets the Summons and Complaint from the district court, they should fill out the attached answer form (in Jackson & Lenawee County), or appear in court (in Hillsdale County), and notify the court/judge that they did not receive the proper 90 day Notice to Quit, as mandated by Michigan law. This information is also true for those with Section 8 vouchers. If you have any questions regarding your rights as a tenant in foreclosure, please contact your local legal services office below.

Legal Services of South Central Michigan

Jackson and Hillsdale Counties

(800) 676-9488 or (517) 787-6111

Lenawee County

(888) 251-1598 or (734) 241-8310