Michigan Compiled Laws

Mich. Comp. Laws § 600.3155 (2026)

Upset price at sale.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.3155 Upset price at sale.

Sec. 3155.

In any forfeiture, foreclosure, or specific performance case based upon a mortgage on real estate or land contract the court may fix and determine the minimum price at which the real property covered by the mortgage or land contract may be sold at the sale under the forfeiture, foreclosure, or specific performance proceedings.

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

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1963–2021 · leading case: United Growth Corp. v. Kelly Mortg. & Inv. Co., 272 N.W.2d 340 (Mich. Ct. App. 1978).

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United Growth Corp. v. Kelly Mortg. & Inv. Co., 272 N.W.2d 340 (Mich. Ct. App. 1978). · cites it 3× “At the conclusion of the April 7, 1976, hearing on the summary judgment motion, Catsman requested that the court establish an upset price in conjunction with the foreclosure sale, pursuant to the discretion vested in the court under MCL 600.3155; MSA 27A.3155. *85 Catsman’s…”

Carpenter v. Smith, 383 N.W.2d 248 (Mich. Ct. App. 1985). · cites it 2× “According to defendants, this was grossly inadequate, given the state equalized value of more than $15,000 and the location of the property on a main thoroughfare.”

Mfrs. Nat'l Bank v. Pink, 341 N.W.2d 181 (Mich. Ct. App. 1983). “The court’s right to set an upset price is grounded in MCL 600.3155; MSA 27A.3155: "In any forfeiture, foreclosure, or specific performance case based upon a mortgage on real estate or land contract the court may fix and determine the minimum price at which the real property…”

Metro. Life Ins. v. Foote, 290 N.W.2d 158 (Mich. Ct. App. 1980). “3165, that the judgment should contain a fixed minimum price for each parcel pursuant to MCL 600.3155; MSA 27A.3155 and, finally, that each parcel should be redeemable at its individual bid price.”

Kramer v. Davis, 124 N.W.2d 292 (Mich. 1963). “' Plaintiffs do not question the power of the court to fix an upset price as in the mentioned statute provided (CLS 1961, § 600.3155 [Stat Ann § 27A.3155]). The nub of their contention, rather, is that the court may not do so and proceed to fix the deficiency before a sale takes…”

Can IV Packard Square LLC v. Packard Square LLC (Mich. Ct. App. 2021). “” MCL 600.3155. But defendant did not ask the trial court to set a minimum price for the foreclosure sale, and doing so is not mandatory under the statute.”

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