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

Mich. Comp. Laws § 600.3256 (2026)

Affidavits to perpetuate evidence of sale; endorsement or annexation to one instrument.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.3256 Affidavits to perpetuate evidence of sale; endorsement or annexation to one instrument.

Sec. 3256.

    (1) Any party desiring to perpetuate the evidence of any sale made in pursuance of the provisions of this chapter, may procure:

    (a) An affidavit of the publication of the notice of sale, and of any notice of postponement, to be made by the publisher of the newspaper in which the same was inserted, or by some person in his employ knowing the facts; and

    (b) An affidavit of the fact of any sale pursuant to such notice, to be made by the person who acted as auctioneer at the sale, stating the time and place at which the same took place, the sum bid, and the name of the purchaser; and

    (c) An affidavit setting forth the time, manner and place of posting a copy of such notice of sale to be made by the person posting the same.

    (2) Where any or all of such affidavits are endorsed upon or annexed to 1 instrument, a single copy of the notice of sale, and a single copy of any notice of postponement, shall be sufficient to annex to such instrument, and reference made in any of such affidavits to copy of notice of sale and to copy of any notice of postponement of sale as annexed or attached shall be deemed to refer to such single copy of notice of sale and to such single copy of any notice of postponement.

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

Notes of Decisions
Cited in 6 cases, 2015–2020 · leading case: HARRIS v. U.S. BANK Nat'l Ass'n, as Tr. for the Structured Asset Inv. Loan Trust Mortg. Pass-Through Certificates, Series 2004-2 (E.D. Mich. 2020).
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HARRIS v. U.S. BANK Nat'l Ass'n, as Tr. for the Structured Asset Inv. Loan Trust Mortg. Pass-Through Certificates, Series 2004-2 (E.D. Mich. 2020). · cites it 2× “Mich. Comp. Laws § 600.3256 (1)(c) provides that “[a]ny party desiring to perpetuate the evidence of any sale made in pursuance of the provisions of this chapter, may procure … [a]n affidavit setting forth the time, manner and place of posting a copy of such notice of sale to be…”
John C Tidwell v. Bayview Loan Servicing LLC (Mich. Ct. App. 2015). · cites it 2× “It is undisputed that notice of the sale was published for four consecutive weeks in The News Herald and Press & Guide.”
Fannetta Watson v. Comerica Bank (Mich. Ct. App. 2017). “Closer to the point, MCL 600.3256(C) allows “[a]ny party desiring to perpetuate the evidence of any [foreclosure] sale” to procure “an affidavit setting forth the time, manner and place of posting a copy of such notice of sale to be made by the person posting the same.”
Fannetta Watson v. Comerica Bank (Mich. Ct. App. 2017). “Closer to the point, MCL 600.3256(C) allows “[a]ny party desiring to perpetuate the evidence of any [foreclosure] sale” to procure “an affidavit setting forth the time, manner and place of posting a copy of such notice of sale to be made by the person posting the same.”
Joseph S Melnychenko v. Carrington Mortg. Servs. LLC (Mich. Ct. App. 2018). “The affidavit of posting that he executed was recorded at the register of deeds as set forth under MCL 600.3256(1)(c), which is “presumptive evidence of the facts therein contained,” MCL 600.”
Joseph S Melnychenko v. Carrington Mortg. Servs. LLC (Mich. Ct. App. 2018). “The affidavit of posting that he executed was recorded at the register of deeds as set forth under MCL 600.3256(1)(c), which is “presumptive evidence of the facts therein contained,” MCL 600.”
— Mich. Comp. Laws § 600.3256(1)(c) — 3 cases
John C Tidwell v. Bayview Loan Servicing LLC (Mich. Ct. App. 2015). “It is undisputed that notice of the sale was published for four consecutive weeks in The News Herald and Press & Guide.”
Joseph S Melnychenko v. Carrington Mortg. Servs. LLC (Mich. Ct. App. 2018). “The affidavit of posting that he executed was recorded at the register of deeds as set forth under MCL 600.3256(1)(c), which is “presumptive evidence of the facts therein contained,” MCL 600.”
Joseph S Melnychenko v. Carrington Mortg. Servs. LLC (Mich. Ct. App. 2018). “The affidavit of posting that he executed was recorded at the register of deeds as set forth under MCL 600.3256(1)(c), which is “presumptive evidence of the facts therein contained,” MCL 600.”
— Mich. Comp. Laws § 600.3256(C) — 2 cases
Fannetta Watson v. Comerica Bank (Mich. Ct. App. 2017). “Closer to the point, MCL 600.3256(C) allows “[a]ny party desiring to perpetuate the evidence of any [foreclosure] sale” to procure “an affidavit setting forth the time, manner and place of posting a copy of such notice of sale to be made by the person posting the same.”
Fannetta Watson v. Comerica Bank (Mich. Ct. App. 2017). “Closer to the point, MCL 600.3256(C) allows “[a]ny party desiring to perpetuate the evidence of any [foreclosure] sale” to procure “an affidavit setting forth the time, manner and place of posting a copy of such notice of sale to be made by the person posting the same.”
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