Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 600.3105

Mortgage; land contract; foreclosure proceeding; unsatisfied execution on judgment at law; separate proceeding; consolidation.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.3105 Mortgage; land contract; foreclosure proceeding; unsatisfied execution on judgment at law; separate proceeding; consolidation.

Sec. 3105.

    (1) If a judgment has been obtained in any other civil action for the money, or part thereof, demanded in the complaint in an action to foreclose a mortgage on real estate or a land contract, no proceeding shall be had in the action to foreclose unless the sheriff or other proper officer has returned an execution as unsatisfied, in whole or in part, and certified that he can find no property of the defendant out of which to satisfy the execution except the mortgaged premises.

    (2) After a complaint has been filed to foreclose a mortgage on real estate or land contract, while it is pending, and after a judgment has been rendered upon it, no separate proceeding shall be had for the recovery of the debt secured by the mortgage, or any part of it, unless authorized by the court.

    (3) When a complaint is filed to foreclose a trust mortgage or deed of trust given to secure notes, bonds, or other evidences of indebtedness, the court may at any time before final judgment require all cases begun subsequent to the filing of the foreclosure complaint, by plaintiffs holding notes, bonds, or other evidences of indebtedness secured by the mortgage, to be consolidated with the action to foreclose, and the court may adjudicate the rights of the individual security holders.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1989–2025 · leading case: Residential Funding Co. v. Saurman
Sort: Relevance Newest Treatment
Residential Funding Co. v. Saurman (2011) michctapp · cites it 5× “MCL 600.3105(2) provides: After a complaint has been filed to foreclose a mortgage on real estate or land contract, while it is pending, and after a judgment has been rendered upon it, no separate proceeding shall be had for the recovery of the debt secured by the mortgage, or…”
Church & Church, Inc. v. A-1 Carpentry (2008) michctapp · cites it 2× “*342 By its terms, MCL 600.3105 only prohibits a separate proceeding for recovery of a debt secured by a mortgage if a proceeding has already been initiated to recover the same debt secured by the same mortgage.”
Royal Palm Corporate Center Ass'n v. PNC Bank, NA (2012) fladistctapp “2A:50-2 (consecutively); Nev.Rev.Stat. § 40.430 (consecutively, though there is an express provision for waiver in another statute); Or.”
Church & Church, Inc. v. A-1 CARPENTRY (2008) michctapp · cites it 2× “By its terms, MCL 600.3105 only prohibits a separate proceeding for recovery of a debt secured by a mortgage if a proceeding has already been initiated to recover the same debt secured by the same mortgage.”
In Re Duback (2005) rib “; see also Mich. Comp. Laws § 600.3105 (1961). With no such Rhode Island statute, I suppose the next question is — so? The Debtors also cite In re Schlecht, 36 B.”
Marketplace of Rochester Hills v. Comerica Bank (2015) michctapp “See MCL 600.3105(3). Comerica would also have to establish that judicial foreclosure was equitable.”
Farmington Square Condominium Association v. Keith Mitan (2025) michctapp · cites it 8× “In the accompanying brief, he argued that (1) the complaint violated MCL 600.3105(2), which essentially concerns res judicata in real-estate proceedings, as “[t]he instant case was filed 2 Apparently, the condominium complex has utility rooms that must be accessed for cable and…”
Southern Floridabanc, S.A. v. Feldman (1989) mied · cites it 6× “Both parties, in their briefs, discuss the applicability of Mich.Comp.Laws Ann. § 600.3105 to the present dispute.”
Michael Hartzler v. Donald Warren (2015) michctapp · cites it 2× “See MCL 600.3105(1) and (2). -3- Plaintiffs do not assert any present right of their own to title through foreclosure, and so have not undertaken the pertinent statutory and common law procedures for such an action.”
US Bank Trust Na v. Richard W Bryden (2016) michctapp “3101 vests the circuit court with jurisdiction to foreclose mortgages of real estate and land contracts.”
Linda Layton v. Volt Participation Trust 2011-Npl2 (2016) michctapp “MCL 600.3105(2). Additionally, as the trial court concluded, because the foreclosure by advertisement does not constitute a second legal “action” following the 2012 case, the doctrine of res judicata is not a bar to the foreclosure by advertisement.”
Marketplace of Rochester Hills Parcel B LLC v. Comerica Bank (2015) michctapp “See MCL 600.3105(3). The bank would also have to establish that judicial foreclosure was equitable.”
— Mich. Comp. Laws § 600.3105(1) — 2 cases
Michael Hartzler v. Donald Warren (2015) michctapp “See MCL 600.3105(1) and (2). -3- Plaintiffs do not assert any present right of their own to title through foreclosure, and so have not undertaken the pertinent statutory and common law procedures for such an action.”
Southern Floridabanc, S.A. v. Feldman (1989) mied “Both parties, in their briefs, discuss the applicability of Mich.Comp.Laws Ann. § 600.3105 to the present dispute.”
— Mich. Comp. Laws § 600.3105(2) — 5 cases
Residential Funding Co. v. Saurman (2011) michctapp “MCL 600.3105(2) provides: After a complaint has been filed to foreclose a mortgage on real estate or land contract, while it is pending, and after a judgment has been rendered upon it, no separate proceeding shall be had for the recovery of the debt secured by the mortgage, or…”
Church & Church, Inc. v. A-1 Carpentry (2008) michctapp “*342 By its terms, MCL 600.3105 only prohibits a separate proceeding for recovery of a debt secured by a mortgage if a proceeding has already been initiated to recover the same debt secured by the same mortgage.”
Church & Church, Inc. v. A-1 CARPENTRY (2008) michctapp “By its terms, MCL 600.3105 only prohibits a separate proceeding for recovery of a debt secured by a mortgage if a proceeding has already been initiated to recover the same debt secured by the same mortgage.”
Farmington Square Condominium Association v. Keith Mitan (2025) michctapp “In the accompanying brief, he argued that (1) the complaint violated MCL 600.3105(2), which essentially concerns res judicata in real-estate proceedings, as “[t]he instant case was filed 2 Apparently, the condominium complex has utility rooms that must be accessed for cable and…”
Linda Layton v. Volt Participation Trust 2011-Npl2 (2016) michctapp “MCL 600.3105(2). Additionally, as the trial court concluded, because the foreclosure by advertisement does not constitute a second legal “action” following the 2012 case, the doctrine of res judicata is not a bar to the foreclosure by advertisement.”
— Mich. Comp. Laws § 600.3105(3) — 2 cases
Marketplace of Rochester Hills v. Comerica Bank (2015) michctapp “See MCL 600.3105(3). Comerica would also have to establish that judicial foreclosure was equitable.”
Marketplace of Rochester Hills Parcel B LLC v. Comerica Bank (2015) michctapp “See MCL 600.3105(3). The bank would also have to establish that judicial foreclosure was equitable.”
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