Berrien County’s resolution urging the Michigan Legislature to pass House Bills 5152 and 5153 was presented to the Benton Harbor City Commission, citing recurring predatory practices that target homeowners facing foreclosure.

Commissioner Yarbrough introduced and summarized the county resolution, saying county officials had "identified a pattern of predatory practices where third party firms target vulnerable residents who are facing mortgage foreclosure," and that the bills would help "preserve home equity for families" by making rights to surplus foreclosure proceeds and redemption nonassignable and by requiring plain-English notices.

The reading said the practices sometimes leave heirs and homeowners without tens of thousands of dollars in equity and create extra workload for local offices including the sheriff’s office, register of deeds and probate court. The resolution requests that copies be forwarded to the Michigan governor, Senate majority leader and House speaker and to other counties for their consideration.

The presentation described the two bills this way: House Bill 5153 would make a mortgage’s right to surplus money and right of redemption nonassignable after a notice of foreclosure is recorded, except through legitimate probate or interstate succession; House Bill 5152 would require a mandatory plain-English notice so sellers understand they are waiving redemption, occupancy and surplus proceeds. The reading identified these reforms as intended to stop firms that pay small sums to homeowners or heirs for rights to surplus proceeds or occupancy.

No formal city action on the resolution or the bills was recorded during the meeting; the item was presented for commission awareness and staff review. The commission and several speakers emphasized the need to inform residents about their rights and to prevent deceptive conveyances following foreclosure.

Next steps: the commission requested that the clerk and city attorney review the material and retain copies for distribution; no vote on a city-level resolution was recorded at the meeting.