Michigan uses both judicial and non-judicial foreclosure. If served with a Summons, you have 21 days (personal service) or 28 days (mail/substituted service) to file an Answer in Michigan Circuit Court. Here is how to respond.
Michigan is a dual foreclosure state — the lender can choose judicial foreclosure (lawsuit) or non-judicial foreclosure by advertisement (MCL 600.3201 et seq.). If you receive a Summons and Complaint, the lender chose judicial foreclosure. Michigan also requires a 90-day pre-foreclosure notice under MCL 600.3205a.
21 Days (Personal) or 28 Days (Mail/Substituted)
MCR 2.108(A): 21 days if served personally in Michigan, 28 days if served by mail or substituted service.
File Your Answer in Circuit Court
File with the Circuit Court clerk in the county of the property. No fee for Answer. Serve a copy on plaintiff's attorney. Include all affirmative defenses: 90-day notice non-compliance, lack of standing, statute of limitations, and federal law violations.
| Deadline | 21 days (personal) / 28 days (mail) — MCR 2.108 |
| Court | MI Circuit Court (county of property) |
| Key Notice | 90-day pre-foreclosure notice (MCL 600.3205a) |
| Filing Fee | None for Answer |
Michigan's deadline depends on how you were served. Check your Summons.
Start Your MI Answer