Mich. Comp. Laws » Michigan Compiled Laws / Chapter 565 / R.S. of 1846
Michigan Compiled Laws

Mich. Comp. Laws § 565.41 (2026)

Discharge of mortgage; payment of filing fee by mortgagee; date of discharge.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Revised Statutes of 1846


R.S. of 1846


565.41 Discharge of mortgage; payment of filing fee by mortgagee; date of discharge.

Sec. 41.

    (1) Within the applicable time period in section 44(2) after a mortgage has been paid or otherwise satisfied, the mortgagee or the personal representative, successor, or assign of the mortgagee shall prepare a discharge of the mortgage, file the discharge with the register of deeds for the county where the mortgaged property is located, and pay the fee for recording the discharge.

    (2) If a discharge of mortgage received by a register of deeds under subsection (1) is not recorded on the day it is received, the register of deeds shall place on or attach to the discharge, by means of a stamp, electronically, or otherwise, the date the discharge is received. The date placed on or attached to the discharge under this subsection is prima facie evidence of the date the discharge was filed with the register of deeds.

History: Add. 1964, Act 110, Eff. Aug. 28, 1964 ;-- Am. 2004, Act 447, Imd. Eff. Dec. 27, 2004

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2000–2025 · leading case: Konynenbelt v. Flagstar Bank, FSB, 617 N.W.2d 706 (Mich. Ct. App. 2000).
Sort: Relevance Newest Treatment
Konynenbelt v. Flagstar Bank, FSB, 617 N.W.2d 706 (Mich. Ct. App. 2000). · cites it 12× “The fee limitation contained in Mich Comp Laws Ann § 565.41 does not fall within the scope of federal preemption under Title V inasmuch as fees for preparing loan-related documents, such as deeds, mortgages, and reconveyance or settlement documents, are fees or charges that are…”
Deutsche Bank Trust Co. Americas v. Spot Realty, Inc., 714 N.W.2d 409 (Mich. Ct. App. 2006). · cites it 4× “Rather, Decision One notified Bank One that it was required to discharge Mortgage B *611 within 90 days, pursuant to MCL 565.41, and instructed Bank One to forward the discharge document for Decision One to record.”
Burkhardt v. Bailey, 680 N.W.2d 453 (Mich. Ct. App. 2004). “MCL 565.41. Every document assigning, conveying, or disposing of an interest in real estate that is submitted for recording must provide a statement identifying the event it evidences, MCL 565.”
Nelson v. Assocs. Fin. Servs. Co. of Indiana, Inc., 659 N.W.2d 635 (Mich. Ct. App. 2003). “] In Konynenbelt, supra, this Court considered whether the didmca preempted MCL 565.41, which *596 requires that upon satisfaction of a mortgage, a mortgagee “shall file a discharge thereof with the register of deeds and pay the fee for recording the discharge.”
Anewsha Holding Grp. LLC v. Comco LLC (Mich. Ct. App. 2025). · cites it 6× “Kirkland argued that through its refinancing, it paid off the balance of Live Life’s 2021 Mortgage, which then should have been discharged pursuant to MCL 565.41 and MCL 565.44, giving Kirkland’s mortgage against the property priority.”
Newrez LLC v. Richard Mowett (Mich. Ct. App. 2025). · cites it 3× “44(2) states: The discharge of mortgage, execution and acknowledgment of a certificate, or filing of a discharge of mortgage required by this section or [MCL 565.41] shall be performed within whichever of the following time periods is applicable: (a) For the first 2 years after…”
Fid. Nat'l Title Ins Co. v. Hamilton Farm Bureau Coop (Mich. Ct. App. 2014). · cites it 3× “Where in fact it was obligated to file a discharge of the subject mortgage as required by MCL 565.41. Plaintiff relied on said representations to its detriment and paid $147,000 to Hamilton.”
Wells Fargo Bank Na Tr. v. Sbc IV Reo LLC (Mich. Ct. App. 2016). “” MCL 565.41(1). A mortgagee is liable for statutory and actual damages for refusing or neglecting to discharge a mortgage “after full performance of the condition of the mortgage, .”
Jp Morgan Chase Bank v. Kays Zair (Mich. Ct. App. 2017). “, the basic requirements of a mortgage existing and its default, resulting in the purportedly invalid foreclosure proceedings which ultimately gave rise to JPMorgan 1 While the Mortgage Discharge was not recorded, it was incumbent on the mortgagee, Peoples State Bank, and not on…”
Jp Morgan Chase Bank v. Kays Zair (Mich. Ct. App. 2017). “, the basic requirements of a mortgage existing and its default, resulting in the purportedly invalid foreclosure proceedings which ultimately gave rise to JPMorgan 1 While the Mortgage Discharge was not recorded, it was incumbent on the mortgagee, Peoples State Bank, and not on…”
Felicia Henderson v. Amos Fin. LLC (Mich. Ct. App. 2024). “MCL 565.41(1) provides, in pertinent part: [A]fter a mortgage has been paid or otherwise satisfied, the mortgagee or the personal representative, successor, or assign of the mortgagee shall prepare a discharge of the mortgage, file the discharge with the register of deeds for…”
— Mich. Comp. Laws § 565.41(1) — 7 cases
Newrez LLC v. Richard Mowett (Mich. Ct. App. 2025). “44(2) states: The discharge of mortgage, execution and acknowledgment of a certificate, or filing of a discharge of mortgage required by this section or [MCL 565.41] shall be performed within whichever of the following time periods is applicable: (a) For the first 2 years after…”
Anewsha Holding Grp. LLC v. Comco LLC (Mich. Ct. App. 2025). “Kirkland argued that through its refinancing, it paid off the balance of Live Life’s 2021 Mortgage, which then should have been discharged pursuant to MCL 565.41 and MCL 565.44, giving Kirkland’s mortgage against the property priority.”
Wells Fargo Bank Na Tr. v. Sbc IV Reo LLC (Mich. Ct. App. 2016). “” MCL 565.41(1). A mortgagee is liable for statutory and actual damages for refusing or neglecting to discharge a mortgage “after full performance of the condition of the mortgage, .”
Jp Morgan Chase Bank v. Kays Zair (Mich. Ct. App. 2017). “, the basic requirements of a mortgage existing and its default, resulting in the purportedly invalid foreclosure proceedings which ultimately gave rise to JPMorgan 1 While the Mortgage Discharge was not recorded, it was incumbent on the mortgagee, Peoples State Bank, and not on…”
Jp Morgan Chase Bank v. Kays Zair (Mich. Ct. App. 2017). “, the basic requirements of a mortgage existing and its default, resulting in the purportedly invalid foreclosure proceedings which ultimately gave rise to JPMorgan 1 While the Mortgage Discharge was not recorded, it was incumbent on the mortgagee, Peoples State Bank, and not on…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.