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

Mich. Comp. Laws § 565.44 (2026)

Discharge of mortgage; refusal; civil liability; penalty; time periods.

✓ laws through the 2026 session (checked Aug. 2026)
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Revised Statutes of 1846


R.S. of 1846


565.44 Discharge of mortgage; refusal; civil liability; penalty; time periods.

Sec. 44.

    (1) If a mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage, whether before or after a breach of the mortgage, or, if the mortgage is entirely due, after a tender of the whole amount due, within the applicable time period in subsection (2) after being requested and after tender of the mortgagee's reasonable charges, refuses or neglects to discharge the mortgage as provided in this chapter or to execute and acknowledge a certificate of discharge or release of the mortgage, the mortgagee is liable to the mortgagor or the mortgagor's heirs or assigns for $1,000.00 damages. The mortgagee is also liable for all actual damages caused by the neglect or refusal to the person who performs the condition of the mortgage or makes the tender to the mortgagee or the mortgagee's heirs or assigns, or to anyone who has an interest in the mortgaged premises. Damages under this section may be recovered in an action for money damages or to procure a discharge or release of the mortgage. The court may, in its discretion, award double costs in an action under this section.

    (2) The discharge of mortgage, execution and acknowledgment of a certificate, or filing of a discharge of mortgage required by this section or section 41 shall be performed within whichever of the following time periods is applicable:

    (a) For the first 2 years after the effective date of the amendatory act that added this subsection, 75 days.

    (b) Beginning 2 years after the effective date of the amendatory act that added this subsection, 60 days.

History: R.S. 1846, Ch. 65 ;-- CL 1857, 2763 ;-- Am. 1861, Act 13, Eff. June 15, 1861 ;-- CL 1871, 4246 ;-- How. 5704 ;-- CL 1897, 9010 ;-- CL 1915, 11745 ;-- CL 1929, 13318 ;-- CL 1948, 565.44 ;-- Am. 2004, Act 447, Imd. Eff. Dec. 27, 2004

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1982–2025 · leading case: Fed. Deposit Ins. v. Cuvrell (In re F & T Contractors, Inc.), 17 B.R. 966 (Bankr. E.D. Mich. 1982).
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Fed. Deposit Ins. v. Cuvrell (In re F & T Contractors, Inc.), 17 B.R. 966 (Bankr. E.D. Mich. 1982). · cites it 2× “§ 565.44. *993 There is no doubt in this Court’s mind that at the time of the termination of the letters of credit the FDIC', either in its capacity as the receiver for NOB or in its corporate capacity and as holder of the mortgage notes, should have released the mortgage…”
Anewsha Holding Grp. LLC v. Comco LLC, No. 370953 (Mich. Ct. App. May 16, 2025). · cites it 4× “41 and MCL 565.44, giving Kirkland’s mortgage against the property priority.”
Wells Fargo Bank Na Tr. v. SBC IV Reo LLC, 896 N.W.2d 821 (Mich. Ct. App. 2016). · cites it 2× “]” MCL 565.44(1). There is no dispute that the mortgagors did not pay off, satisfy, or fully perform the conditions of the Capitol mortgage, so there was no general statutory entitlement to a discharge of mortgage.”
Newrez LLC v. Richard Mowett, No. 370055 (Mich. Ct. App. Apr. 16, 2025). · cites it 2× “Further, concerning the timing of the discharge of a mortgage, MCL 565.44(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.”
Fid. Nat'l Title Ins Co. v. Hamilton Farm Bureau Coop, No. 316084 (Mich. Ct. App. Oct. 30, 2014). · cites it 2× “2919a, and MCL 565.44.” Following discovery, the parties filed competing motions for summary disposition.”
Mich. Comp. Laws § 565.44(1): 2 cases
Wells Fargo Bank Na Tr. v. SBC IV Reo LLC, 896 N.W.2d 821 (Mich. Ct. App. 2016). “]” MCL 565.44(1). There is no dispute that the mortgagors did not pay off, satisfy, or fully perform the conditions of the Capitol mortgage, so there was no general statutory entitlement to a discharge of mortgage.”
Fid. Nat'l Title Ins Co. v. Hamilton Farm Bureau Coop, No. 316084 (Mich. Ct. App. Oct. 30, 2014). “2919a, and MCL 565.44.” Following discovery, the parties filed competing motions for summary disposition.”
Mich. Comp. Laws § 565.44(2): 3 cases
Newrez LLC v. Richard Mowett, No. 370055 (Mich. Ct. App. Apr. 16, 2025). “Further, concerning the timing of the discharge of a mortgage, MCL 565.44(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.”
Wells Fargo Bank Na Tr. v. SBC IV Reo LLC, 896 N.W.2d 821 (Mich. Ct. App. 2016). “]” MCL 565.44(1). There is no dispute that the mortgagors did not pay off, satisfy, or fully perform the conditions of the Capitol mortgage, so there was no general statutory entitlement to a discharge of mortgage.”
Anewsha Holding Grp. LLC v. Comco LLC, No. 370953 (Mich. Ct. App. May 16, 2025). “41 and MCL 565.44, giving Kirkland’s mortgage against the property priority.”
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