Mich. Comp. Laws § 600.5728

Prerequisites to recovery of possession under MCL 600.5726; contents of notice of forfeiture.

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.5728 Prerequisites to recovery of possession under MCL 600.5726; contents of notice of forfeiture.

Sec. 5728.

(1) Possession may be recovered under section 5726 only after the vendee or person holding possession under him has been served with a written notice of forfeiture and has failed in the required time to pay moneys required to be paid under the contract or to cure any other material breach of the contract. Unless the parties have agreed in writing to a longer time, the person served with a notice of forfeiture shall have 15 days thereafter before he is required to pay moneys required to be paid under the contract and cure other material breaches of the contract or to deliver possession of the premises.

(2) The notice of forfeiture shall state the names of the parties to the contract and the date of its execution, give the address or legal description of the premises, specify the unpaid amount of moneys required to be paid under the contract and the dates on which payments thereof were due, specify any other material breaches of the contract and shall declare forfeiture of the contract effective in 15 days, or specified longer time, after service of the notice, unless the money required to be paid under the contract is paid and any other material breaches of the contract are cured within that time. The notice shall be dated and signed by the person entitled to possession, his attorney or agent.

History: Add. 1972, Act 120, Eff. July 1, 1972

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1979–2026 · leading case: Gruskin v. Fisher

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Gruskin v. Fisher (1979) mich · cites it 4× “MCL 600.5728; MSA 27A.5728. These provisions differ substantially from the land contract foreclosure provisions of Chapter 31 of the RJA.”

Birznieks v. Cooper (1979) mich “MCL 600.5728; MSA 27A.5728. If the default is not cured within that time period, the seller may then proceed to trial after first serving the purchaser with a summons giving notice of the trial date to be held within 15 days of issuance of the summons but not less than 10 days…”

VanElsacker v. Erzberger (1984) michctapp “) Attached to plaintiffs’ complaint was a copy of the land contract forfeiture notice served earlier on defendants in accordance with the summary proceedings statute, MCL 600.5728; MSA 27A.5728. The forfeiture notice stated that defendants were in default for nonpayment on both…”

Matter of Delex Management (1993) miwb “at § 600.5728. If the past-due payments and other material breaches are not timely *165 cured, the contract is forfeited.”

In Re Northern Acres, Inc. (1985) mieb · cites it 2× “However, the debtor apparently did not appear in the state court action, nor was it a necessary party to the suit, *651 since it admittedly had no interest in the property at that time and Mich.Comp.Laws § 600.5728; Mich.Stat.Ann.”

Deutsche Bank National Trust Company v. Andrew Hargreaves (2020) michctapp · cites it 2× “MCL 600.5728 provides: (1) Possession may be recovered under section 5726 only after the vendee or person holding possession under him has been served with a written notice of 3 MCR 4.”

Visuron Ltd. Partnership v. Corcoran (In Re Casa Colonial Ltd. Partnership) (2007) mied · cites it 3× “at 164 (citing Mich. Comp. Laws Ann. § 600.5728 ). If the past-due payments and/or other material breaches of the land contract are not timely cured, the contract is forfeited.”

Kaylee Smarr v. Mary Talaska and County of Alpena (2026) mied “LAWS § 600.5728. Id. at 621. But if not cured, a land contract vendor may seek to forfeit the vendee’s interest in a land contract and retake possession of the property in satisfaction of the debt.”

— Mich. Comp. Laws § 600.5728(1) — 1 case

Deutsche Bank National Trust Company v. Andrew Hargreaves (2020) michctapp “MCL 600.5728 provides: (1) Possession may be recovered under section 5726 only after the vendee or person holding possession under him has been served with a written notice of 3 MCR 4.”

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