General Information

Scheduling and Location

• Foreclosure sales are scheduled by the lender or the lender’s attorney, not the Sheriff’s Office.
• Sales occur at 10:00 a.m. every Thursday inside the Ogemaw County Courthouse on the first floor in the lobby, located at 806 West Houghton Avenue; West Branch, Michigan 48661, provided the courthouse is open.

Publication of Notices

• Michigan law requires foreclosure notices to be published in a newspaper circulating in the county where the foreclosed property is located.
• Notices must be published for a minimum of four weeks, with the final publication often appearing the week before the sale.
• Sales may be canceled or adjourned at any point during or after the publication period.

Adjournments

• Adjournments are posted on the 1st Floor of the Courthouse, west wall, near the County Clerk’s Office.
• Sales can be adjourned for a maximum of one week at a time but may be continued on a weekly basis.

Verification of Sale Status

• Interested bidders should confirm that the property is still scheduled for sale.
• On the day of the sale, check at the sale location to verify the status of the property.

Bidding Process

Eligibility to Bid

All Bidders must have the ability to pay, and declare same to the Deputy holding the sale. Ability to pay is defined as a successful bidder must be able to secure a cashier’s check, or a certified check, for the entire winning bid amount after the conclusion of the sale within a reasonable amount of time as determined by the Deputy holding the sale. Additional Payment instructions are listed further down on this page under the Obligations of the Successful Bidder section.

Minimum Bid Determination

The minimum bid is typically higher than the amount listed in the legal notice, as it includes the debt owed, accrued interest, and additional costs incurred since the date of publication.

Bidding Procedure

• The bidding begins promptly at 10:00 a.m. Bid sheets provided by the lender’s attorney are read aloud, indicating which properties are up for sale.
• Interested bidders should arrive early to confirm the property they are interested in is included in the sale.
• If a property is not announced, it indicates that the sale has either been canceled or adjourned.

Incremental Bidding Rules

• The first overbid must be a minimum of $1 above the starting bid.
• Subsequent bids must increase by at least $500, or higher as determined by the Deputy conducting the sale.
• Bidders may increase their bids as needed during the auction process.

Auction Time Limit

• Auctions for properties with active bidding will remain open for one hour, with the final bid reminder issued at 10:55 a.m.
• After the hour elapses, the highest bid will be declared final.

Finalizing Bids

• Once a bid is declared final, no further bids will be accepted.
• If no bids are made, the sale on that property is considered closed, and the property cannot be reopened for bidding later in the day.

Obligations of the Successful Bidder

Payment Instructions:

• Following the bidding process, the successful bidder must obtain:
  1. A cashier’s or certified check addressed to the Mortgage Company for the minimum bid amount.
  2. A second cashier’s or certified check payable to the Ogemaw County Treasurer’s Office for any overbid amount.

Timing

• Payment is due by 12:00 p.m. on the day of the sale.
• Failure to pay by 12:00 p.m. will result in the property being awarded to the second-highest bidder, or the sale being voided if no other bids exist.

Legal Considerations

Title Search

A thorough title search is strongly recommended, as the Sheriff’s Office cannot provide legal advice.

Questions Regarding Redemption

Redemption of foreclosed properties is handled by the attorney representing the lender. All inquiries should be directed to them.

Legal Advice

There are numerous legal implications and financial risks associated with purchasing foreclosed properties. It is strongly recommended that bidders seek the advice of a qualified attorney with expertise in real estate and foreclosure law. The staff and members of the Ogemaw County Sheriff’s Office are not authorized to provide legal advice.

Completion of Sale

Recording of Documents

• Upon presentation of the Cashier’s or Certified check(s) to the Deputy the winning bidder will be provided with copies of the amended Sheriff’s Deed and the Affidavit of Auctioneer.
• After the Sale the original Sheriff’s Deed and Affidavit of Auctioneer are returned to the lender’s attorney.
• The lender’s attorney will contact, and then return the original documents above to the winning bidder for filing at the Register of Deeds Office, located at 806 W. Houghton Ave. West Branch MI 48661.

Final Steps for Purchasers

Successful bidders are responsible for paying any applicable fees to the Register of Deeds for recording the documents.

Final Disclaimer

Disclaimer

The Ogemaw County Sheriff’s Office expressly disclaims all liability related to the foreclosure process, including the preparation, conduct of sales, and recording of the Sheriff’s Deed.

For further assistance, contact the Ogemaw County Sheriff’s Office at 912 West Houghton Avenue; West Branch Michigan 48661