Michigan Compiled Laws
Mich. Comp. Laws § 565.902 (2026)
Priority of future advance mortgage.
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PRIORITY OF MORTGAGES
Act 348 of 1990
565.902 Priority of future advance mortgage.
Sec. 2.
Except as otherwise provided by this act, a future advance mortgage securing a future advance shall have priority with respect to the future advance as if the future advance was made at the time the future advance mortgage was recorded.
History: 1990, Act 348, Eff. Apr. 1, 1991 ;-- Am. 1992, Act 35, Eff. July 1, 1992
Notes of Decisions
Cited in 2
cases, 2006–2020 · leading case: Deutsche Bank Trust Co. Americas v. Spot Realty, Inc., 714 N.W.2d 409 (Mich. Ct. App. 2006).
Deutsche Bank Trust Co. Americas v. Spot Realty, Inc., 714 N.W.2d 409 (Mich. Ct. App. 2006). “Pursuant to MCL 565.902, the priority of all advances made in connection with a future advance mortgage relates back to the date the mortgage was recorded.”
James Akouri v. Comerica Bank, No. 349923 (Mich. Ct. App. Nov. 12, 2020). “10 In response to the foreclosure proceeding, plaintiffs filed a complaint for injunctive and declaratory relief, an emergency motion for a temporary restraining order, and a motion to show cause why a preliminary injunction should not be entered.”
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