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.
Rush response within 24 hours
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.
If you fail to answer by the deadline, the court can enter a default judgment against you, giving up your right to contest the foreclosure. Filing a timely Answer forces the lender to prove its claim and gives you the opening to raise defenses — including Michigan's 90-day notice requirement and other strong protections — and work toward a resolution rather than losing the home by default.
| Deadline | 21 days (personal) / 28 days (mail) — MCR 2.108 |
| Court | MI Circuit Court (county of property) |
| Type | Judicial or non-judicial |
| Key Notice | 90-day pre-foreclosure notice (MCL 600.3205a) |
| Filing Fee | None for the Answer |
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.
Verify the 90-Day Notice
Confirm the 90-day pre-foreclosure notice under MCL 600.3205a was properly sent. Non-compliance is a powerful defense and a strong negotiating tool.
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.
Seek a Resolution
Use the litigation process to pursue a modification, reinstatement, or negotiated settlement before a judgment is entered.
A missing or defective notice under MCL 600.3205a can stop foreclosure and is one of Michigan's strongest defenses.
The plaintiff must prove it holds the note and mortgage and has the right to foreclose.
RESPA/Reg X dual tracking and error-resolution failures can be powerful counterclaims and bargaining tools.
Challenge miscalculated arrears, misapplied payments, and improper fees that inflate the claimed default.
An unanswered summons can lead to a default judgment quickly — and forfeit your 90-day notice defenses. We prepare your Answer for every MI Circuit Court.
Michigan's deadline depends on how you were served. Check your Summons.
Start Your MI AnswerMichigan's 90-day pre-foreclosure notice requirement gives borrowers time and a powerful defense when the lender fails to comply.