reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-31 - Chapter 31 Foreclosure of Mortgages and Land Contracts (600.3101...600.3185) › Section 600.3165 - Sale of Premises Sufficient to Satisfy Amount Due; Judgment as Security; Default; Sale of Whole Premises.

600.3165 Sale of premises sufficient to satisfy amount due; judgment as security; default; sale of whole premises.
Sec. 3165.
(1) If the defendant does not bring into court the amount due, with costs, or if for any other cause a judgment is entered for the plaintiff, and if it appears that the premises can be sold, in parcels, without injury to the interests of the parties, the judgment shall direct as much of the premises subject to the mortgage or land contract to be sold as is sufficient to pay the amount then due on the mortgage or land contract, with costs, and the judgment shall remain as security for any subsequent default.
(2) If there is any default subsequent to the judgment, in the payment of any portion or installment of the principal or of any interest due upon the mortgage or land contract, the court may, upon the petition of the plaintiff, by a further order founded upon the first judgment, direct a sale to be made of as much of the premises subject to the mortgage or land contract as is sufficient to satisfy the amount due, with costs of the petition and subsequent proceedings on it, and the same proceedings may be had as often as a default happens.
(3) If it appears to the court that the premises subject to the mortgage or land contract are so situated that a sale of the whole premises will be most beneficial to the parties the judgment shall be entered for the sale of the whole premises in the first instance. In this case the proceeds of the sale shall be applied to the interests, portion, or installment of the principal due as well as towards the whole or residue of the sum secured by the mortgage or land contract and not due and payable at the time of the sale. And if the residue does not bear interest the court may direct that the residue be paid with a rebate of the legal interest for the time during which the residue will not be due and payable; or the court may direct that the balance of the proceeds of the sale, after paying the sum due with costs, be put out at interest for the benefit of the plaintiff, to be paid to him as the installments or portions of the principal, or the interest become due, and the surplus for the benefit of the defendant, his representatives, or assigns, to be paid to them on the order of the court.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-31 - Chapter 31 Foreclosure of Mortgages and Land Contracts (600.3101...600.3185) › Section 600.3175 - Discharge of Mortgage on Real Property, Land Contract or Tax Lien; Action; Evidence of Payment; Lapse of 15 Years; Judgment.

600.3175 Discharge of mortgage on real property, land contract or tax lien; action; evidence of payment; lapse of 15 years; judgment.
Sec. 3175.
(1) When a recorded mortgage on real property, land contract, or tax lien (except tax liens held by the state or any political subdivision of the state) on lands or property has been paid or satisfied or when 15 years have elapsed since the debt or lien secured by the mortgage, land contract, or tax lien became due and payable or since the last payment made upon it, and no civil action or proceedings have been commenced to collect the same and in case of tax deeds when no service of notice to interested persons (of any kind) has been filed with the county clerk, the owner of the land or property may institute an action in the circuit courts to discharge the mortgage, land contract or tax lien.
(2) If it appears to the court at the trial, either by the production in evidence of the original mortgage, land contract, tax lien, bond or bonds, promissory notes to secure the payment of which the mortgage was given, or by any other competent evidence, that the debt or lien secured by the mortgage, land contract, or tax lien has been fully paid both in principal and interest; or if it appears to the court by competent evidence that the debt or lien has been past due for 15 years, or that 15 years have elapsed since the last payment was made on the debt or lien and that no action or proceeding has been commenced to foreclose or perfect the mortgage, land contract, or tax lien the court shall enter judgment to that effect which contains within it the names of the witnesses and the nature of the evidence by which the facts have been made to appear. A minute of this shall be entered in the court's journal. A copy of the judgment, signed by the judge of the court and attested by the clerk of the court under the seal of the court shall be delivered to the plaintiff and may be recorded in the office of the register of deeds for the county or counties in which the mortgage, land contract, or tax lien is recorded in the same manner and with the same effects in all respects as if it were a formal discharge of the mortgage, land contract, or tax lien duly executed by the mortgagee or owner of the land contract or tax lien.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-31 - Chapter 31 Foreclosure of Mortgages and Land Contracts (600.3101...600.3185) › Section 600.3180 - Actions Equitable in Nature.

600.3180 Actions equitable in nature.
Sec. 3180.
Actions under this chapter are equitable in nature.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-31 - Chapter 31 Foreclosure of Mortgages and Land Contracts (600.3101...600.3185) › Section 600.3185 - Mortgage Foreclosure; Defendant as Service Member or Deployed in Overseas Service; Actions by Court; Mortgage and Land Contract Entered Into Before Effective Date of Act; Definitions.

600.3185 Mortgage foreclosure; defendant as service member or deployed in overseas service; actions by court; mortgage and land contract entered into before effective date of act; definitions.
Sec. 3185.
(1) If a defendant in an action to foreclose a mortgage on real estate or a land contract is a service member and either the defendant entered into the mortgage or land contract before becoming a service member or the defendant is deployed in overseas service, the court on its own motion may, or on motion of or in behalf of the service member shall, do either or both of the following, unless the court determines that the ability of the defendant to comply with the terms of the obligation secured by the mortgage or land contract is not materially affected by the service member's military service:
(a) Stay proceedings in the action until 6 months after the end of the service member's period of military service.
(b) Issue another order that is equitable to conserve the interests of the parties.
(2) This section does not apply to a mortgage or land contract entered into before the effective date of the amendatory act that added this section.
(3) As used in this section:
(a) "Active duty" means full-time duty in the active military service of the United States. Active duty includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the secretary of the military department concerned. Active duty does not include full-time national guard duty.
(b) "Military service" means any of the following:
(i) Active duty.
(ii) If the service member is a member of the national guard, service under a call to active service authorized by the president or secretary of defense of the United States for a period of more than 30 consecutive days under 32 USC 502(f) to respond to a national emergency declared by the president and supported by federal money.
(iii) A period during which the service member is absent from active duty because of sickness, wounds, leave, or other lawful cause.
(c) "Period of military service" means the period beginning on the date on which the service member enters military service and ending on the date on which the service member is released from military service or dies while in military service.
(d) "Service member" means an individual who is in military service and is a member of the armed services or reserve forces of the United States or a member of the Michigan national guard.
History:
Add. 2008, Act 138, Imd. Eff. May 21, 2008
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3201 - Foreclosure by Advertisement of Mortgage Containing Power of Sale; Exception.

600.3201 Foreclosure by advertisement of mortgage containing power of sale; exception.
Sec. 3201.
Every mortgage of real estate, which contains a power of sale, upon default being made in any condition of such mortgage, may be foreclosed by advertisement, in the cases and in the manner specified in this chapter. However, the procedures set forth in this chapter shall not apply to mortgages of real estate held by the Michigan state housing development authority.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1981, Act 172, Imd. Eff. Dec. 10, 1981
Constitutionality:
Plaintiff's claim of unconstitutionality for MCL 600.3201 et seq. failed for lack of the existence of state action. Cramer v Metropolitan Savings and Loan Association, 401 Mich 252; 258 NW2d 20 (1977).
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3205 - Repealed. 2014, Act 125, Eff. June 19, 2014.

600.3205 Repealed. 2014, Act 125, Eff. June 19, 2014.
Compiler's Notes:
The repealed section pertained to designation of individual to serve as contact.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3205a-600.3205d - Repealed. 2012, Act 521, Eff. June 30, 2013.

600.3205a-600.3205d Repealed. 2012, Act 521, Eff. June 30, 2013.
Compiler's Notes:
The repealed sections pertained to requirements for notice of foreclosure, loan modification program and process, and development of housing counselor list.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3205e - Repealed. 2014, Act 125, Eff. June 19, 2014.

600.3205e Repealed. 2014, Act 125, Eff. June 19, 2014.
Compiler's Notes:
The repealed section pertained to applicability and repeal of MCL 600.3205a to 600.3205d.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3206 - Repealed. 2014, Act 125, Eff. June 19, 2014.

600.3206 Repealed. 2014, Act 125, Eff. June 19, 2014.
Compiler's Notes:
The repealed section pertained to loss mitigation procedures occurring before mortgage foreclosure.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3208 - Notice of Foreclosure; Publication; Posting.

600.3208 Notice of foreclosure; publication; posting.
Sec. 3208.
Notice that the mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, shall be given by publishing the same for 4 successive weeks at least once in each week, in a newspaper published in the county where the premises included in the mortgage and intended to be sold, or some part of them, are situated. If no newspaper is published in the county, the notice shall be published in a newspaper published in an adjacent county. In every case within 15 days after the first publication of the notice, a true copy shall be posted in a conspicuous place upon any part of the premises described in the notice.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1971, Act 104, Eff. Mar. 30, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3216 - Sale; Time and Place.

600.3216 Sale; time and place.
Sec. 3216.
The sale shall be at public sale, between the hour of 9 o'clock in the forenoon and 4 o'clock in the afternoon, at the place of holding the circuit court within the county in which the premises to be sold, or some part of them, are situated, and shall be made by the person appointed for that purpose in the mortgage, or by the sheriff, undersheriff, or a deputy sheriff of the county, to the highest bidder.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3220 - Sale; Adjournment; Notice; Posting; Publication.

600.3220 Sale; adjournment; notice; posting; publication.
Sec. 3220.
Such sale may be adjourned from time to time, by the sheriff or other officer or person appointed to make such sale at the request of the party in whose name the notice of sale is published by posting a notice of such adjournment before or at the time of and at the place where said sale is to be made, and if any adjournment be for more than 1 week at one time, the notice thereof, appended to the original notice of sale, shall also be published in the newspaper in which the original notice was published, the first publication to be within 10 days of the date from which the sale was adjourned and thereafter once in each full secular week during the time for which such sale shall be adjourned. No oral announcement of any adjournment shall be necessary.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3224 - Sale of Distinct Parcels.

600.3224 Sale of distinct parcels.
Sec. 3224.
If the mortgaged premises consist of distinct farms, tracts, or lots not occupied as 1 parcel, they shall be sold separately, and no more farms, tracts, or lots shall be sold than shall be necessary to satisfy the amount due on such mortgage at the date of the notice of sale, with interest and the cost and expenses allowed by law but if distinct lots be occupied as 1 parcel, they may in such case be sold together.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3228 - Sale; Purchase by Mortgagee or Assigns.

600.3228 Sale; purchase by mortgagee or assigns.
Sec. 3228.
The mortgagee, his assigns, or his or their legal representatives, may, fairly and in good faith, purchase the premises so advertised, or any part thereof, at such sale.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3232 - Deed of Sale; Endorsement; Deposit With Register; Recording; Entry Upon Redemption.

600.3232 Deed of sale; endorsement; deposit with register; recording; entry upon redemption.
Sec. 3232.
The officer or person making the sale shall forthwith execute, acknowledge, and deliver, to each purchaser a deed of the premises bid off by him; and if the lands are situated in several counties he shall make separate deeds of the lands in each county, and specify therein the precise amounts for which each parcel of land therein described was sold. And he shall endorse upon each deed the time when the same will become operative in case the premises are not redeemed according to law. Such deed or deeds shall, as soon as practicable, and within 20 days after such sale, be deposited with the register of deeds of the county in which the land therein described is situated, and the register shall endorse thereon the time the same was received, and for the better preservation thereof, shall record the same at length in a book to be provided in his office for that purpose; and shall index the same in the regular index of deeds, and the fee for recording the same shall be included among the other costs and expenses allowed by law. In case such premises shall be redeemed, the register of deeds shall, at the time of destroying such deed, as provided in section 3244 of this chapter, write on the face of such record the word "Redeemed", stating at what date such entry is made, and signing such entry with his official signature.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3236 - Deed of Sale; Effect Upon Failure to Redeem; Prior Liens.

600.3236 Deed of sale; effect upon failure to redeem; prior liens.
Sec. 3236.
Unless the premises described in such deed shall be redeemed within the time limited for such redemption as hereinafter provided, such deed shall thereupon become operative, and shall vest in the grantee therein named, his heirs or assigns, all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter, except as to any parcel or parcels which may have been redeemed and canceled, as hereinafter provided; and the record thereof shall thereafter, for all purposes be deemed a valid record of said deed without being re-recorded, but no person having any valid subsisting lien upon the mortgaged premises, or any part thereof, created before the lien of such mortgage took effect, shall be prejudiced by any such sale, nor shall his rights or interests be in any way affected thereby.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3237 - Interior Inspection During Redemption Period; Notice; Contents; Methods for Achieving Actual Notice.

600.3237 Interior inspection during redemption period; notice; contents; methods for achieving actual notice.
Sec. 3237.
(1) After a foreclosure sale under this chapter, if the purchaser at the sale intends to conduct an interior inspection of the property under section 3238 during the redemption period, the purchaser shall provide an initial notice to the mortgagor and any other person that has possession of the property in writing that contains all of the following:
(a) The identity of the purchaser.
(b) The residence or business address, mailing address, telephone number, and, if applicable, electronic mail address at which the purchaser may be contacted.
(c) The date of the sale, the amount of the sale, and the estimated date the redemption period expires.
(d) The details of the purchaser's rights of inspection under section 3238.
(e) One or more alternative methods for surrendering control of the property under section 3278.
(f) A statement that if the mortgagor intends to vacate the property at any time after the sale, he or she must notify the purchaser as required by section 3278, and that if the mortgagor does not do so, he or she may risk heightened liability for damage to the property.
(2) The purchaser shall provide notice under this section by certified mail, physical posting on the property, or any other method reasonably calculated to achieve actual notice.
History:
Add. 2014, Act 125, Eff. June 19, 2014
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3241 - Abandonment of Premises; Presumption.

600.3241 Abandonment of premises; presumption.
Sec. 3241.
For purposes of this chapter, abandonment of premises shall be conclusively presumed upon satisfaction of the following requirements:
(a) Within 30 days before the commencement of foreclosure proceedings hereunder, the mortgagee mails by certified mail, return receipt requested, to the mortgagor's last known address a notice that the subject mortgage is in default and that the mortgagee intends to foreclose it.
(b) Before commencement of foreclosure proceedings hereunder, the mortgagee executes and causes to be duly recorded in the county where the premises are located an affidavit which states:
(i) That the mortgagee has mailed to the last known address of the mortgagor a notice of default and intention to foreclose pursuant to subdivision (a) and that the mortgagor has not responded to the notice.
(ii) That the mortgagee has made a personal inspection of the mortgaged premises and that the inspection does not reveal that the mortgagor or persons claiming under him are presently occupying or intend to occupy the premises.
(c) The mortgagee mails by certified mail, return receipt requested, a copy of the affidavit recorded pursuant to subdivision (b) to the mortgagor at his last known address before commencement of foreclosure proceedings.
(d) The mortgagor, his heirs, executor, administrator, or any person lawfully claiming from, or under 1 of them, before expiration of the period of redemption, does not give a written affidavit to the mortgagee and record a duplicate original in the county where the premises are located stating that the mortgagor or person claiming under him is occupying or intends to occupy the premises.
History:
Add. 1971, Act 104, Eff. Mar. 30, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3241a - Abandonment of Premises; Residential Property Not Exceeding 4 Units; Presumption.

600.3241a Abandonment of premises; residential property not exceeding 4 units; presumption.
Sec. 3241a.
For purposes of this chapter, if foreclosure proceedings have been commenced under this chapter against residential property not exceeding 4 units, there is a conclusive presumption that the premises have been abandoned if all of the following requirements are satisfied before the end of the redemption period:
(a) The mortgagee has made a personal inspection of the mortgaged premises and the inspection does not reveal that the mortgagor or persons claiming under the mortgagor are presently occupying or will occupy the premises.
(b) The mortgagee has posted a notice at the time of making the personal inspection and has mailed by certified mail, return receipt requested, a notice to the mortgagor at the mortgagor's last known address, which notices state that the mortgagee considers the premises abandoned and that the mortgagor will lose all rights of ownership 30 days after the foreclosure sale or when the time to provide the notice required by subdivision (c) expires, whichever is later, unless the mortgagor; the mortgagor's heirs or personal representative; or a person lawfully claiming from or under 1 of them provides the notice required by subdivision (c).
(c) Within 15 days after the notice required by subdivision (b) was posted and mailed, the mortgagor; the mortgagor's heirs or personal representative; or a person lawfully claiming from or under 1 of them has not given written notice by first-class mail to the mortgagee at an address provided by the mortgagee in the notices required by subdivision (b) stating that the premises are not abandoned.
History:
Add. 1986, Act 94, Imd. Eff. May 7, 1986 ;-- Am. 2006, Act 579, Imd. Eff. Jan. 3, 2007 ;-- Am. 2014, Act 431, Imd. Eff. Dec. 30, 2014
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3244 - Redemption; Destruction of Deed; Record.

600.3244 Redemption; destruction of deed; record.
Sec. 3244.
Upon the payment of the entire sum bid at such sale, and interest thereon, and the fee of $5.00 mentioned in section 3240 to the register in whose office the deed therefor shall have been deposited, or upon delivering to such register a certificate, signed and acknowledged by the person entitled to receive the same, and certified by some officer authorized to take the acknowledgment of deeds, setting forth that such sum, with interest, has been paid to such person, and upon paying to such register a fee of 25 cents, such register shall thereupon destroy such deed, and shall enter in the margin of the record of such mortgage, a memorandum that such mortgage is satisfied; or in case the premises shall have been sold in parcels, and 1 or more of said parcels shall have been redeemed, as hereinbefore provided, it shall then be the duty of the register to enter upon the face of said sheriff's deed, and the record thereof, a memorandum that the same is inoperative as to the parcel or parcels so redeemed, and to enter in the margin of the record of such mortgage a memorandum that the same is satisfied as to the parcel or parcels so redeemed.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1963, Act 240, Eff. Sept. 6, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3248 - Redemption; Refusal to Certify Payment; Civil Liability.

600.3248 Redemption; refusal to certify payment; civil liability.
Sec. 3248.
If any person entitled to receive such redemption moneys, shall, upon payment or tender thereof to him, refuse to make and acknowledge such certificate of payment, he shall be liable to the person aggrieved thereby, in the sum of $100.00 damages, over and above all the actual damages sustained, to be recovered in a civil action, except that no damages of any kind may be recovered from any register of deeds who shall refuse to accept tender of payment after the time indorsed upon the deed when the same shall become operative in case the premises are not redeemed, and the officer or person making the sale shall be entitled to rely conclusively upon the recital of the length of the redemption period contained in the notice of foreclosure in making such indorsement upon the deed.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1964, Act 102, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3252 - Disposition of Surplus Money.

600.3252 Disposition of surplus money.
Sec. 3252.
If after any sale of real estate, made as herein prescribed, there shall remain in the hands of the officer or other person making the sale, any surplus money after satisfying the mortgage on which the real estate was sold, and payment of the costs and expenses of the foreclosure and sale, the surplus shall be paid over by the officer or other person on demand, to the mortgagor, his legal representatives or assigns, unless at the time of the sale, or before the surplus shall be so paid over, some claimant or claimants, shall file with the person so making the sale, a claim or claims, in writing, duly verified by the oath of the claimant, his agent, or attorney, that the claimant has a subsequent mortgage or lien encumbering the real estate, or some part thereof, and stating the amount thereof unpaid, setting forth the facts and nature of the same, in which case the person so making the sale, shall forthwith upon receiving the claim, pay the surplus to, and file the written claim with the clerk of the circuit court of the county in which the sale is so made; and thereupon any person or persons interested in the surplus, may apply to the court for an order to take proofs of the facts and circumstances contained in the claim or claims so filed. Thereafter, the court shall summon the claimant or claimants, party, or parties interested in the surplus, to appear before him at a time and place to be by him named, and attend the taking of the proof, and the claimant or claimants or party interested who shall appear may examine witnesses and produce such proof as they or either of them may see fit, and the court shall thereupon make an order in the premises directing the disposition of the surplus moneys or payment thereof in accordance with the rights of the claimant or claimants or persons interested.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3256 - Affidavits to Perpetuate Evidence of Sale; Endorsement or Annexation to One Instrument.

600.3256 Affidavits to perpetuate evidence of sale; endorsement or annexation to one instrument.
Sec. 3256.
(1) Any party desiring to perpetuate the evidence of any sale made in pursuance of the provisions of this chapter, may procure:
(a) An affidavit of the publication of the notice of sale, and of any notice of postponement, to be made by the publisher of the newspaper in which the same was inserted, or by some person in his employ knowing the facts; and
(b) An affidavit of the fact of any sale pursuant to such notice, to be made by the person who acted as auctioneer at the sale, stating the time and place at which the same took place, the sum bid, and the name of the purchaser; and
(c) An affidavit setting forth the time, manner and place of posting a copy of such notice of sale to be made by the person posting the same.
(2) Where any or all of such affidavits are endorsed upon or annexed to 1 instrument, a single copy of the notice of sale, and a single copy of any notice of postponement, shall be sufficient to annex to such instrument, and reference made in any of such affidavits to copy of notice of sale and to copy of any notice of postponement of sale as annexed or attached shall be deemed to refer to such single copy of notice of sale and to such single copy of any notice of postponement.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3260 - Affidavits to Perpetuate Evidence of Sale; Persons to Take.

600.3260 Affidavits to perpetuate evidence of sale; persons to take.
Sec. 3260.
The affidavits specified in section 3256 may be taken and certified by any officer authorized by law to administer oaths.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3264 - Affidavits to Perpetuate Evidence of Sale; Record; Evidence.

600.3264 Affidavits to perpetuate evidence of sale; record; evidence.
Sec. 3264.
Such affidavits shall be recorded at length by the register of deeds of the county in which the premises are situated, in a book kept for the record of deeds; and such original affidavits, the record thereof, and certified copies of such record, shall be presumptive evidence of the facts therein contained.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3268 - Marginal Notes to Record of Mortgages.

600.3268 Marginal notes to record of mortgages.
Sec. 3268.
A note referring to the page and book where the evidence of any sale having been made under a mortgage, is recorded, shall be made by the register recording such evidence, in the margin of the record of such mortgage, if such record be in his office.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3272 - Repealed. 2004, Act 538, Eff. Mar. 30, 2005.

600.3272 Repealed. 2004, Act 538, Eff. Mar. 30, 2005.
Compiler's Notes:
The repealed section pertained to notice to purchase of entire bid payment.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3276 - Posting of Notices; Mortgagee's Right of Entry.

600.3276 Posting of notices; mortgagee's right of entry.
Sec. 3276.
Incident to the foreclosure of a mortgage pursuant to the provisions of this chapter, the mortgagee, his agents and assigns shall have a right to enter upon the mortgaged premises for the purpose of posting or serving the notices required by this chapter.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-32 - Chapter 32 Foreclosure of Mortgages by Advertisement (600.3201...600.3285) › Section 600.3280 - Foreclosure by Advertisement; Deficiency; Defenses.

600.3280 Foreclosure by advertisement; deficiency; defenses.
Sec. 3280.
When, in the foreclosure of a mortgage by advertisement, any sale of real property has been made after February 11, 1933, or shall be hereafter made by a mortgagee, trustee, or other person authorized to make the same pursuant to the power of sale contained therein, at which the mortgagee, payee or other holder of the obligation thereby secured has become or becomes the purchaser, or takes or has taken title thereto at such sale either directly or indirectly, and thereafter such mortgagee, payee or other holder of the secured obligation, as aforesaid, shall sue for and undertake to recover a deficiency judgment against the mortgagor, trustor or other maker of any such obligation, or any other person liable thereon, it shall be competent and lawful for the defendant against whom such deficiency judgment is sought to allege and show as matter of defense and set-off to the extent only of the amount of the plaintiff's claim, that the property sold was fairly worth the amount of the debt secured by it at the time and place of sale or that the amount bid was substantially less than its true value, and such showing shall constitute a defense to such action and shall defeat the deficiency judgment against him, either in whole or in part to such extent. This section shall not affect nor apply to the rights of other purchasers or of innocent third parties, nor shall it be held to affect or defeat the negotiability of any note, bond or other obligation secured by such mortgage, deed of trust or other instrument. Such proceedings, as aforesaid, shall in no way affect the title of the purchaser to the lands acquired by such purchase. This section shall not apply to foreclosure sales made pursuant to an order or decree of court nor to any judgment sought or rendered in any foreclosure suit nor to any chancery sale heretofore or hereafter made and confirmed.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3301 - Partition of Lands; Jurisdiction of Circuit Court; Actions Equitable in Nature.

600.3301 Partition of lands; jurisdiction of circuit court; actions equitable in nature.
Sec. 3301.
Actions containing claims for the partition of lands may be brought in the circuit courts, including, but not limited to, the matters covered in this chapter. Such actions are equitable in nature.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3304 - Partition of Lands; Joint Tenants; Tenants in Common.

600.3304 Partition of lands; joint tenants; tenants in common.
Sec. 3304.
All persons holding lands as joint tenants or as tenants in common may have those lands partitioned.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3308 - Partition of Lands; Estate in Possession; Inapplicable to Reversions or Remainders.

600.3308 Partition of lands; estate in possession; inapplicable to reversions or remainders.
Sec. 3308.
Any person who has an estate in possession in the lands of which partition is sought may maintain a claim for partition of those lands, but a person who has only an estate in reversion or remainder in the lands may not maintain a claim for their partition.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3312 - Mineral Rights.

600.3312 Mineral rights.
Sec. 3312.
Any person who has an estate in possession of any ores, minerals, or metals in lands may maintain a claim for partition. But the claim for partition may be brought only against those persons who have estates in possession of the ores, minerals, and metals.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3316 - Undivided Interest in Estate in Possession or in Expectancy Deemed Fee Simple.

600.3316 Undivided interest in estate in possession or in expectancy deemed fee simple.
Sec. 3316.
Any person who owns an undivided interest, however acquired, in all of the estates in possession and in expectancy in the land of which partition is sought is deemed to have an estate in fee simple, absolute in possession, in the land to the extent of the least share which he has in any of the estates and is entitled to maintain a claim for partition.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3320 - Guardian; Authority to Agree to Division; Report; Infants; Infant as Married Woman; Delivery of Guardianship Property to Probate Court Guardian; Disharge of Circuit Court Guardian.

600.3320 Guardian; authority to agree to division; report; infants; infant as married woman; delivery of guardianship property to probate court guardian; disharge of circuit court guardian.
Sec. 3320.
(1) The circuit court may direct and authorize general guardians or guardians ad litem to agree to a division or a sale of the entire premises or of as much of the premises as, in the opinion of the court, is incapable of partition, or of as much of the premises as the best interest of the ward requires to be sold.
(2) The guardian shall report on oath to the court the partition or sale he made under the court's direction and if the court approves and confirms the sale the court shall enter an order authorizing the guardian to execute conveyances of the rights of the ward to the purchaser of that portion of the estate, or to execute a release of the rights of the ward to the portion of the estate which in the division falls to the shares of the other joint tenants or tenants in common. Those deeds shall be valid and effectual to convey the share and interest of the ward.
(3) If any part of his estate is sold an infant shall be deemed a ward of the court and the court shall direct an order for securing, investing, and applying the proceeds of the sale, and for requiring security from the guardian for that purpose.
(4) If the infant is a married woman the court may, upon petition, appoint her husband as her guardian and he shall be subject to the provisions of this section.
(5) When a guardian has been appointed by the probate court, the circuit court guardian shall deliver all guardianship property and funds to the probate court guardian and upon receipt therefor, the guardian appointed by the circuit court shall be discharged.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1964, Act 113, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3324 - Lands Held in Trust; Parties; Division Among Heirs or Devisees.

600.3324 Lands held in trust; parties; division among heirs or devisees.
Sec. 3324.
(1) The provisions concerning partition are applicable to lands held by a trustee for the benefit of others, and a claim for partition may be instituted by the trustees or any person interested in the lands held in trust.
(2) When the original parties in interest in the trust, or any of them, have died, leaving heirs or legatees or others interested by title or right through them or any of them in the lands held in trust, the court, at its discretion, may divide the land by judgment among the heirs, legatees, or others representing the interests of the deceased in those lands so as to set off the interest of all of these persons together, without subdivision among them.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3328 - Partition Against State; Service of Papers; Appearance.

600.3328 Partition against state; service of papers; appearance.
Sec. 3328.
Partition proceedings may be brought in the circuit courts against the state of Michigan whenever any lands are held jointly or as tenants in common by individuals and the state of Michigan.
All papers required to be served on the people of this state as defendants in a partition proceeding shall be served on the attorney general, who shall appear in behalf of the state and attend to its interests. The proceedings shall be conducted in the same manner as if they were against individuals and like orders and decrees shall be had. The proportion of the costs and expenses which are adjudged to be paid by the people of this state shall be certified by the attorney general and paid out of the state treasury on warrant of the state treasurer.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3332 - Indivisible Premises; Division of Part of Premises; Minimum Price.

600.3332 Indivisible premises; division of part of premises; minimum price.
Sec. 3332.
If the court finds that all the lands and tenements of which division or partition is sought are so situated, or that any district, tract, lot, or portion of the lands and tenements is so situated, that a partition and division of them among the persons interested in them cannot be made without great prejudice to the owners, the court may order the circuit court commissioner to sell the premises which cannot be divided or partitioned, at a public auction to the highest bidder. If the court finds that any portion, interest, or part can be divided and partitioned and that other portions, interests, or parts cannot be divided without great prejudice to the owners, the court may appoint partition commissioners and direct them to partition and divide the parts or interests which can be divided and to set aside to be sold the portions, interests, or parts which cannot be divided and these may be sold as provided in the court rules. The court may fix and determine the minimum price at which the real property may be sold.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3336 - Owelty; Adjustment of Equities.

600.3336 Owelty; adjustment of equities.
Sec. 3336.
(1) When it appears to the court ordering partition that partition cannot be made equally between the parties without prejudice to the rights and interests of some of the parties the court may adjudge that 1 party compensate another in such a way as to equalize the partition according to the equities of the case.
(2) When partitioning the premises or dividing the money received from a sale of the premises among the parties the court may take into consideration the equities of the situation, such as the value of the use of the premises by a party or the benefits which a party has conferred upon the premises.
History:
1961, Act 236, Eff. Jan. 1, 1963