Mich. Comp. Laws § 600.3236

Deed of sale; effect upon failure to redeem; prior liens.

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.3236 Deed of sale; effect upon failure to redeem; prior liens.

Sec. 3236.

Unless the premises described in such deed shall be redeemed within the time limited for such redemption as hereinafter provided, such deed shall thereupon become operative, and shall vest in the grantee therein named, his heirs or assigns, all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter, except as to any parcel or parcels which may have been redeemed and canceled, as hereinafter provided; and the record thereof shall thereafter, for all purposes be deemed a valid record of said deed without being re-recorded, but no person having any valid subsisting lien upon the mortgaged premises, or any part thereof, created before the lien of such mortgage took effect, shall be prejudiced by any such sale, nor shall his rights or interests be in any way affected thereby.

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

Notes of Decisions

Cited in 103 cases (21 in the last 5 years), 1985–2026 · leading case: Estate of Darryl Houston Price v. Lori Jean Kosmalski

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Estate of Darryl Houston Price v. Lori Jean Kosmalski (2012) mich · cites it 69× “Before Michigan became a state, English courts developed the general rule that a receiver is entitled to be paid for his or her services on a first-priority basis. In 1846, Michigan revised and consolidated its statutes.”

People v. March (2016) mich · cites it 3× “The deed is described in MCL 600.3236 as follows: Unless the premises described in such deed shall be redeemed within the time limited for such redemption as hereinafter provided, such deed shall thereupon become operative, and shall vest in the grantee therein named, his heirs…”

Todd Bates v. Green Farms Condominium Ass'n (2020) ca6 “See Mich. Comp. Laws § 600.3236 .) The Bateses sued Green Farms, Makower, and Highlander.”

Hart v. Countrywide Home Loans, Inc. (2010) mied · cites it 4× “See Mich. Comp. Laws Ann. §§ 600.3236 -.3240.”

Bryan v. JPMorgan Chase Bank (2014) michctapp · cites it 2× “” MCL 600.3236. If a mortgagor fails to avail him or herself of the right of redemption, all the mortgagor’s rights in and to the property are extinguished.”

Kloss v. RBS Citizens, N.A. (2014) mied · cites it 4× “1 Mich. Comp. Laws § 600.3240 (13). “When the redemption period expires, the purchaser of the sheriffs deed is vested with ‘all the right, title, and interest’ in the property,” Carmack v.”

Trademark Properties of Michigan, LLC v. Federal National Mortgage Ass'n (2014) michctapp · cites it 2× “” Dunitz v Woodford Apartments Co, 236 Mich 45, 49 ; 209 NW 809 (1926); see also Senters v Ottawa Savings Bank, FSB, 443 Mich 45, 50 ; 503 NW2d 639 (1993), and MCL 600.3236. “Statutory foreclosures should not be set aside without some very good reasons therefor.”

Conlin v. Mortgage Electronic Registration Systems, Inc. (2013) ca6 “2d 514, 517 (1942); see Mich. Comp. Laws § 600.3236 . Michigan’s foreclosure-by-advertisement scheme was meant to, at once, impose order on the foreclosure process while still giving security and finality to purchasers of foreclosed properties.”

Wells Fargo Bank v. Country Place Condominium Ass'n (2014) michctapp · cites it 2× “Plaintiff also cites In re Receivership of 11910 South Francis Rd, 492 Mich 208, 222-223 ; 821 NW2d 503 (2012), a recent decision interpreting MCL 600.3236, the current provision that “describes the legal effect of a sheriffs deed obtained at a foreclosure sale upon the…”

In Re Parlovecchio (2004) mieb · cites it 6× “2d 639 (1993); MCLA § 600.3236. 2 Upon filing the petition, the time for redemption is automatically extended 60 days by operation of 11 U.”

Kubczak v. Chemical Bank & Trust Co. (1998) mich · cites it 2× “§ 600.3236; M.S.A. § 27A.3236 governs the effect of a mortgagor's failure to redeem: Unless the premises described in such deed shall be redeemed within the time limited for such redemption as hereinafter provided, such deed shall thereupon become operative, and shall vest in…”

Schmidt v. Pennymac Loan Services, LLC (2015) mied · cites it 2× “) The statutory redemption period expired six months later in August, Mich. Comp. Laws § 600.3240 , without Schmidt redeeming the mortgage, (Doc.”

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