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

Mich. Comp. Laws § 600.5803 (2026)

Foreclosure of mortgages.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.5803 Foreclosure of mortgages.

Sec. 5803.

    No person shall bring or maintain any action or proceeding to foreclose a mortgage on real estate unless he commences the action or proceeding within 15 years after the mortgage becomes due or within 15 years after the last payment was made on the mortgage. This section limits foreclosure by advertisement and any other entries under the mortgage as well as actions of foreclosure in the courts.

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

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1972–2024 · leading case: Howard v. Gen. Motors Corp., 399 N.W.2d 10 (Mich. 1986).
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Howard v. Gen. Motors Corp., 399 N.W.2d 10 (Mich. 1986). · cites it 2× “5801, MCL 600.5803; MSA 27A.5803, MCL 600.5805; MSA 27A.”
Degen v. Oliveto, 264 N.W.2d 64 (Mich. Ct. App. 1978). · cites it 3× “Clemens Dairy of the balance of moneys on the second mortgage”, and (2) that more than 15 years have elapsed since the last payment was made on the mortgage, the subject of the two actions, and foreclosure is barred by the statute of limitations, MCLA 600.5803; MSA 27A.5803.…”
United States v. Real Prop. in Section 9/otsego Cty., Mi, 308 F. Supp. 2d 791 (E.D. Mich. 2004). · cites it 2× “She also points to Mich. Comp. Laws § 600.5803 (“no person shall bring .”
Williams v. Real Time Resolutions (E.D. Mich. 2021). · cites it 15× “Moreover, they each argue that the applicable statute of limitations is found in MCL § 600.5803, rather than MCL § 600.5807(4) as averred in Plaintiff’s Complaint.”
Dyke v. Richard, 198 N.W.2d 797 (Mich. Ct. App. 1972). “MCLA 600.5803(3); MSA 27A.5803(3). However, the two-year malpractice statute of limitations does not apply to plaintiffs’ claim that the defendant hospital itself was negligent in failing to provide adequate standards and in failing to X-ray plaintiff’s pelvic area.”
Isam Zaitona v. Arch Mortg. Assurance Co. (Mich. Ct. App. 2024). · cites it 9× “3175 and MCL 600.5803 in support of its argument. The trial court held a hearing on plaintiff’s motion for entry of a default judgment on February 27, 2023.”
Hewson v. Specialized Loan Servicing, LLC (E.D. Mich. 2022). · cites it 7× “” In response, Defendants say that although an action for breach of the Mortgage may be barred by the statute of limitations, they still have a right to foreclose on the Property pursuant to MCL § 600.”
James Akouri v. Comerica Bank (Mich. Ct. App. 2020). · cites it 3× “Defendant argued that the applicable statute of limitations for defendant’s foreclosure of the 2005 mortgage was 15 years as set forth in MCL 600.5803. Thus, even if the statute of limitations began running in 2006 when plaintiffs first defaulted, defendant still initiated the…”
Dolores R Yanover Revocable Trust v. Betty Sue Hancock (Mich. Ct. App. 2022). · cites it 3× “Second, the statute of limitations to foreclose a mortgage is MCL 600.5803, which states, in relevant part: No person shall bring or maintain any action or proceeding to foreclose a mortgage on real estate unless he commences the action or proceeding within 15 years after the…”
Adelson v. Ocwen Loan Servicing, LLC (E.D. Mich. 2020). · cites it 3× “§ 600.5803, Defendants were not required to provide new notice after the sale was adjourned due to the bankruptcy pro- ceedings, and the sheriff was not required to file an individual bond.”
Myra C Torovich v. Joseph Oddo (Mich. Ct. App. 2019). “” MCL 600.5803 provides that no person may foreclose on a mortgage unless the action is commenced within 15 years of either the due date of the mortgage or the last payment made on the mortgage.”
Larry Pobanz v. Eugene E Hamilton Trust (Mich. Ct. App. 2020). “In his complaint, plaintiff alleged that more than 15 years had passed since the last payment on the debt, and that defendant’s rights under the mortgage therefore were extinguished by the statute of limitations under MCL 600.5803 and MCL 600.3175(1). -1- Defendant did not…”
Show all 14 citing cases →
— Mich. Comp. Laws § 600.5803(3) — 1 case
Dyke v. Richard, 198 N.W.2d 797 (Mich. Ct. App. 1972). “MCLA 600.5803(3); MSA 27A.5803(3). However, the two-year malpractice statute of limitations does not apply to plaintiffs’ claim that the defendant hospital itself was negligent in failing to provide adequate standards and in failing to X-ray plaintiff’s pelvic area.”
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