REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.3115 Foreclosure proceeding; sale, time.
Sec. 3115.
Whenever a complaint is filed for the foreclosure or satisfaction of any mortgage on real estate or land contract, the court has power to order a sale of the premises which are the subject of the mortgage on real estate or land contract, or of that part of the premises which is sufficient to discharge the amount due on the mortgage on real estate or land contract plus costs. But the circuit judge shall not order that the lands subject to the mortgage be sold within 6 months after the filing of the complaint for foreclosure of the mortgage or that the lands which are the subject of the land contract be sold within 3 months after the filing of the complaint for foreclosure of the land contract.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
In Re Indep. Vill., Inc., 52 B.R. 715 (Bankr. E.D. Mich. 1985).
· cites it 2× “In oral argument the bank indicated that it would not foreclose by advertisement but would instead utilize judicial foreclosure, Mich.Comp. Laws § 600.3101-3180; Mich.Stat.”
Stewart v. Isbell, 399 N.W.2d 440 (Mich. Ct. App. 1986).
· cites it 2× “MCL 600.3115; MSA 17A.3115. If the property is sold at a public sale, the land contract vendee may redeem the premises within six months by paying the sum which was bid with interest from the time of the sale at the rate borne by the land contract.”
Flynn v Korneffel, 547 N.W.2d 249 (Mich. 1996).
· cites it 2× “§ 600.3115; M.S.A. § 27A.3115 (foreclosure sale).”
Stock Bldg. Supply, LLC v. Crosswinds Communities, Inc, 893 N.W.2d 165 (Mich. Ct. App. 2016).
“116(0(10) and judicial foreclosure of the units under MCL 600.3115. Church asserted that the case was factually undisputed and that the trial court only needed to determine whether its previous orders had discharged Church’s mortgages on the subject units.”
Mark Pisciotta v. Ronald Lawrence Kardos (Mich. Ct. App. 2017).
“He filed a motion for summary disposition for judicial foreclosure pursuant to MCL 600.3115 on August 24, 2015. On September 11, 2015, the court granted Kardos’s motion for summary disposition regarding judicial foreclosure.”
Wilmington Saving Fund Soc'y Fsb v. Roger Duane Clare (Mich. Ct. App. 2018).
“3 MCL 600.3115 provides: Whenever a complaint is filed for the foreclosure or satisfaction of any mortgage on real estate or land contract, the court has power to order a sale of the premises which are the subject of the mortgage on real estate or land contract, or of that part…”
Rovin Vinod v. Pauline Props. LLC (Mich. Ct. App. 2022).
“3101, and the circuit court has the power to order a sale of the land contract premises, MCL 600.3115. The proceeds of a foreclosure sale are applied to discharge the debt owed on the property to plaintiff, and any surplus from the sale is given to the defendant (or other person…”
Debra Nash v. David Kerti (Mich. Ct. App. 2023).
“3101, the circuit court then sells the property, see MCL 600.3115, and the vendee remains liable to the vendor if the sale proceeds are insufficient but retains any surplus proceeds, see MCL 600.”
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