Effective January 1, 2005 Uniform Commercial Code (UCC) Filings are filed with the Michigan Secretary of State.
Uniform Commercial Code (UCC) filings allow creditors to notify other creditors about a debtor's assets used as collateral for a secured transaction. UCC liens filed with Secretary of State offices act as a public notice by the "creditor" of the creditor's interest in the property.
(6) Steps on How to Succeed in Debt Collections in Michigan Step 1: Don't Wait Too Long to Collect! Step 2: Demand Payment in Writing. Step 3: Find a Reputable Attorney to Represent You! Step 4: Find Appropriate Documentation for Debt Collections in Michigan. Step 5: Counterclaim Defense.
Ing to Michigan law, your creditor has up to 6 years (from the date of your last payment) to collect on a debt, including obtaining a judgment on the debt. By getting a judgment, your creditor can pursue collections (likely a garnishment) almost indefinitely as long as they renew the judgment every 10 years.
In Michigan, if the property is a single family, then the premium cannot exceed 1% of the amount prepaid during the first 3 years after closing, and no premium at all after that.
If you file for a Chapter 7 bankruptcy, your secured debt may be discharged, but the lender is also able to repossess the property that secured the debt. In other words, if you have a mortgage on your home and file a Chapter 7 bankruptcy, the mortgage debt may be discharged but the lender can take back your home.
Why is a Mortgage Secured Debt? A mortgage is what's called a secured debt because it is backed up by collateral. In this case, the collateral is your home.