Mich. Comp. Laws § 600.3135

Proceeds of sale; application; disposition and investment of surplus.

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.3135 Proceeds of sale; application; disposition and investment of surplus.

Sec. 3135.

(1) The proceeds of every sale under a judgment shall be applied to the discharge of the debt adjudged by the court to be due and of the costs awarded; and if there is any surplus it shall be brought into court for the use of the defendant, or of the person entitled to it, subject to the order of the court.

(2) If the surplus or any part of it remains in the court for the term of 3 months without being applied for, the circuit court may direct that it be put out at interest under the direction of the court for the benefit of the defendant, his representatives, or assigns, to be paid to them by the order of the court.

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

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1980–2023 · leading case: Flynn v Korneffel

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Flynn v Korneffel (1996) mich · cites it 2× “§ 600.3135; M.S.A. § 27A.3135. [6] M.C.L.”

Penn Central Corp. v. Checker Cab Co. (1980) mied “§ 600.3135, provides: (2) notwithstanding any other provision of law, tort liability arising from the ownership, maintenance or use .”

31800 Wick Road Holdings, LLC v. Future Lodging-Airport, Inc. (2012) mied “See MCL 600.3135 (“The proceeds of every sale under a judgment shall be applied to the discharge of the debt adjudged by the court to be due and of the costs awarded.”

Sturgis Building LLC v. Kirsch Industrial Park LLC (2016) michctapp “The judgment must state that if the sale proceeds are insufficient to satisfy the principal, interest, and costs, there shall be execution in the amount of the deficiency.”

Rovin Vinod v. Pauline Properties LLC (2022) michctapp “MCL 600.3135. If the sale price of the property leaves any of the principal, interest, or costs for the land contract unpaid, the court can enter a judgment in favor of the vendor and against the vendee for the deficient amount.”

Debra Nash v. David Kerti (2023) michctapp “3115, and the vendee remains liable to the vendor if the sale proceeds are insufficient but retains any surplus proceeds, see MCL 600.3135. Thus, when a land contract is foreclosed, there is a court- ordered sale of the property, and the vendor is not entitled to any surplus…”

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