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Michigan's virtual foreclosure-sale bill is about to become law — with none of its foreclosure content left

Michigan's virtual foreclosure-sale bill is about to become law — with none of its foreclosure content left
Michigan · Legislation

Michigan's virtual foreclosure-sale bill is about to become law — with none of its foreclosure content left

What happened. A bill that would have allowed Michigan foreclosure sales to be conducted online is going to the Governor with none of that in it. Senate Bill 527, sponsored by Sen. Edward McBroom (R-38), was ordered enrolled on 9 September 2026 — as a court-funding bill.1

The virtual-sale provisions are gone. Anyone reading a bill tracker will not see that, and this is worth explaining carefully, because the trap is a good one.

What the tracker still says

The Legislature's own subject line for SB 527 reads, today: “Civil procedure: foreclosure; public sale of property being foreclosed by advertisement; allow to be held virtually. Amends secs. 3208 & 3212 of 1961 PA 236.”

As introduced on 4 September 2025 that is exactly what it did — amending MCL 600.3208 (notice by publication) and MCL 600.3212 (manner of sale) to permit online auctions.

What the bill actually contains now

The S-1 substitute replaced the entire text. The engrossed version — both as passed by the Senate and as passed by the House — amends MCL 600.151d and 600.321: the juror compensation reimbursement fund and Court of Appeals filing fees. It provides $1,000,000 transfers to the court equity fund in fiscal years 2027, 2028 and 2029, and redirects Court of Appeals fees from the swift-and-sure sanctions programme to Court of Appeals operating expenses.2

Nothing about foreclosure sales survives. The subject line was never updated.

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The path it took

  • 4 September 2025 — introduced, referred to Senate Local Government.
  • 2 July 2026 — discharged from committee, reported by the Committee of the Whole with substitute S-1, rules suspended, placed on immediate passage.
  • 3 July 2026 — passed the Senate 23–13.
  • 25 August 2026 — discharged from House Appropriations, passed the House 104–0, given immediate effect.
  • 9 September 2026 — Senate concurred in immediate effect, full title agreed to, ordered enrolled.

The 23–13 Senate vote and the 104–0 House vote are consistent with a court-funding measure and not with a contested change to foreclosure procedure. The votes are the tell.

Why Michigan association boards are affected

Because Michigan condominium associations foreclose assessment liens by advertisement, under the same Revised Judicature Act chapter, by force of MCL 559.208. A statute permitting virtual sales would have reached association foreclosures directly — changing where the sale happens, who can bid, and in practice how many bidders show up on a February morning in a county courthouse lobby.

That is not happening this session. SB 527's tie-barred companion, Senate Bill 528 — also McBroom, also virtual sales, amending MCL 600.3216 and 600.3220 — has sat in Senate Local Government since the day it was introduced, 4 September 2025, and has not moved in a year. With the 103rd Legislature clearing at the end of December, virtual foreclosure sales are effectively dead for this session.

The reporting lesson, which is the more useful part

Michigan bill trackers key on the subject line, and the subject line is set at introduction. A substitute can replace the entire body of a bill without touching it. That means:

  • A board or manager watching a bill by number or by subject can watch the wrong thing for a year.
  • The document to read is the engrossed text, not the bill page's description — specifically “as passed by the Senate” and “as passed by the House.”
  • Vote margins are a cheap sanity check. A contested procedural change to foreclosure law does not pass a chamber 104–0.

The same discipline applies to the bills that are live. House Bill 5046, which does change when a redemption period starts, passed the House 105–2 and its content is intact — but it is in a Senate committee, not on its way to the Governor.

What to watch next

Whether SB 528 is revived and substituted in the reverse direction — a foreclosure bill emerging from a shell — in the run to sine die. Michigan's end-of-session weeks are when substitutes do the most work, and a package that failed on its own numbers frequently reappears inside someone else's.

Related Michigan HOA Topics

← All Michigan HOA Topics

  1. Senate Bill 527 of 2025 — bill record and complete history
  2. Senate Bill 527 as passed by the House — engrossed text (court funding, MCL 600.151d and 600.321)
  3. Senate Bill 527 as introduced — the original virtual foreclosure sale text

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