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

Mich. Comp. Laws § 600.3140

Mortgage foreclosure sale; redemption; amount stated in recorded affidavit; fee; portions of premises.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.3140 Mortgage foreclosure sale; redemption; amount stated in recorded affidavit; fee; portions of premises.

Sec. 3140.

    (1) The mortgagor, the mortgagor's heirs or personal representative, or any person that has a recorded interest in the property lawfully claiming from or under the mortgagor or the mortgagor's heirs or personal representative may redeem the entire premises sold as ordered under section 3115 by paying, within 6 months after the sale, to the purchaser or the purchaser's personal representative or assigns, or to the register of deeds in whose office the deed of sale is deposited as provided in the court rules, for the benefit of the purchaser, the amount that was bid with interest from the date of the sale at the interest rate provided for by the mortgage.

    (2) The vendee of a land contract, the vendee's heirs or personal representative, or any person lawfully claiming from or under the vendee or the vendee's heirs or personal representative may redeem the entire premises sold as ordered under section 3115 within 6 months after the sale by paying to the purchaser or the purchaser's personal representative or assigns, or to the register of deeds in whose office the deed of sale is deposited as provided in the court rules, for the benefit of the purchaser, the amount that was bid with interest from the date of the sale at the interest rate provided for by the land contract.

    (3) A register of deeds shall not determine the amount necessary for redemption under this section. The purchaser shall attach an affidavit with the deed to be recorded under this section that states the exact amount required to redeem the property, including any daily per diem amounts, and the date by which the property must be redeemed must be stated on the certificate of the auctioneer. The purchaser may include in the affidavit the name of a designee responsible on behalf of the purchaser to assist the person redeeming the property in computing the exact amount required to redeem the property. The designee may charge a fee as stated in the affidavit and may be authorized by the purchaser to receive redemption money. The purchaser shall accept the amount computed by the designee.

    (4) If redemption money is paid to the register of deeds under this section, the person redeeming the property shall pay a fee of $5.00 to the register of deeds for the care and custody of the redemption money.

    (5) If payments are made as provided under this section, the deed of sale is void. If a distinct lot or parcel separately sold is redeemed, leaving a portion of the premises unredeemed, the deed of sale is void only as to the portion or portions of the premises that are redeemed.

    (6) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1963, Act 240, Eff. Sept. 6, 1963 ;-- Am. 1970, Act 86, Eff. Apr. 1, 1971 ;-- Am. 2004, Act 538, Eff. Mar. 30, 2005 ;-- Am. 2014, Act 432, Imd. Eff. Dec. 30, 2014

Notes of Decisions
Cited in 28 cases (9 in the last 5 years), 1969–2026 · leading case: DEUTSCHE BANK TRUST COMPANY AMERICAS v. Spot Realty, Inc.
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DEUTSCHE BANK TRUST COMPANY AMERICAS v. Spot Realty, Inc. (2006) michctapp · cites it 5× “7 MCL 600.3140. We recognize that the statutory redemption periods in a foreclosure by advertisement are delineated in MCL 600.”
Gordon Grossman Building Co. v. Elliott (1969) mich · cites it 8× “3140]), reads in part as follows: "The vendee of a land contract, his heirs, executors, administrators, or any person lawfully claiming from or under him or them may redeem the entire premises sold within 3 months from the time of the sale by paying to the purchaser, his…”
Stewart v. Isbell (1986) michctapp · cites it 2× “MCL 600.3140; MSA 27A.3140. The foreclosure statute further provides that the court shall determine and adjudge which defendants are personally liable on the land contract.”
In Re Parlovecchio (2004) mieb · cites it 4× “See MCLA § 600.3140. On January 22, 2004, the debtors filed their chapter 7 proceeding.”
EH Investment Co., LLC v. Chappo LLC (2017) connappct “See Mich. Comp. Laws §§ 600.3140 (1) and 600.”
Minnwest Bank Central v. Flagship Properties LLC (2004) minnctapp “14, § 6204 (West 2003); Mich. Comp. Laws Ann. § 600.3140 (West 2000); Minn.”
Russo v. Wolbers (1982) michctapp · cites it 2× “*334 The right of redemption after judicial sale is granted in MCL 600.3140; MSA 27A.3140, which states in part: "The vendee of a land contract, his heirs, executors, administrators, or any person lawfully claiming from or under him or them may redeem the entire premises sold…”
Birznieks v. Cooper (1979) mich “The "clear and plain meaning” of "within the time provided” "requires actual receipt of tender before the time set for issue of the writ of restitution”.”
Federal Land Bank of St. Paul v. Brown (In Re James) (1982) mieb “§ 600.3140 as amended by 1970 P.A. 86 (1971).”
Hazime v. Martin Oil of Indiana, Inc. (1992) mied · cites it 2× “§ 600.3140. 3 One day before the expiration of the six-month statutory redemption period, on June 10, 1990, Ahmed Hazime delivered to Hazime a quit claim deed covering the station.”
In Re Roberts (2000) miwb “§§ 600.3140 and 600.3240. 4 . The Court would note that Section 363(c)(2) is consistent with the dichotomy between Sections 363(b) and (c) and Section 363(f) which the Court has already discussed.”
In Re Moore (2003) alnb “Mich. Comp. Laws § 600.3140 (2002); Gerasimos, 237 Mich, at 518-19 , 212 N.”
Show all 28 citing cases →
— Mich. Comp. Laws § 600.3140(1) — 5 cases
Keith J Mitan v. Farmington Square Condominium Association (2024) michctapp
Can IV Packard Square LLC v. Packard Square LLC (2019) michctapp
Great Lakes Prop Mgt Consultants Inc v. Hp Foreclosure Solution (2023) michctapp
Farm Bureau General Insurance Company v. Esther Susin (2016) michctapp
Innovative Properties 1997 LLC v. Hamilton Rd Ltd (2024) michctapp
— Mich. Comp. Laws § 600.3140(12) — 1 case
Innovative Properties 1997 LLC v. Hamilton Rd Ltd (2024) michctapp
— Mich. Comp. Laws § 600.3140(7) — 1 case
Innovative Properties 1997 LLC v. Hamilton Rd Ltd (2024) michctapp
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