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REVISED JUDICATURE ACT OF 1961 (EXCERPT)Act 236 of 1961

600.3240 Redemption of premises; payment; amount; redemption of senior lien; defenses;recordation; redemption periods; amount stated in recorded affidavit; county havingpopulation of more than 750,000 and less than 1,500,000; limitation on amount charged byregister of deeds; use of property for agricultural purposes; presumption.

 

Sec. 3240. (1) A purchaser's deed under section 3232 is void if the mortgagor, the mortgagor's heirs orpersonal representative, or any person that has a recorded interest in the property lawfully claiming under themortgagor or the mortgagor's heirs or personal representative redeems the entire premises sold by paying theamount required under subsection (2) and any amount required under subsection (4), within the applicabletime limit prescribed in subsections (7) to (12), to the purchaser or the purchaser's personal representative orassigns, or to the register of deeds in whose office the deed is deposited for the benefit of the purchaser.

(2) The amount required to be paid under subsection (1) is the amount that was bid for the entire premisessold, interest from the date of the sale at the interest rate provided for by the mortgage, the amount of thesheriff's fee paid by the purchaser under section 2558(2)(q), and an additional $5.00 as a fee for the care andcustody of the redemption money if the payment is made to the register of deeds. Except as provided insubsection (14), the register of deeds shall not determine the amount necessary for redemption. The purchasershall provide an affidavit with the deed to be recorded under this section that states the exact amount requiredto redeem the property under this subsection, including any daily per diem amounts, and the date by which theproperty must be redeemed shall be stated on the certificate of sale. The purchaser may include in the affidavitthe name of a designee responsible on behalf of the purchaser to assist the person redeeming the property incomputing the exact amount required to redeem the property. The designee may charge a fee of not more than$250.00 as stated in the affidavit and may be authorized by the purchaser to receive redemption money. Thepurchaser shall accept the amount computed by the designee.

(3) If a distinct lot or parcel separately sold is redeemed, leaving a portion of the premises unredeemed, thedeed is void only to the redeemed parcel or parcels.

(4) If, after a sale under section 3216, the purchaser, the purchaser's heirs or personal representative, or anyperson lawfully claiming under the purchaser or the purchaser's heirs or personal representative pays taxesassessed against the property, amounts necessary to redeem senior liens from foreclosure, condominiumassessments, homeowner association assessments, community association assessments, or premiums on aninsurance policy covering any buildings located on the property that under the terms of the mortgage it wouldhave been the duty of the mortgagor to pay if the mortgage had not been foreclosed and that are necessary tokeep the policy in force until the expiration of the period of redemption, the property may be redeemed onlyon payment of the amount specified in subsection (2) plus the amounts specified in this subsection withinterest on the amounts specified in this subsection from the date of the payment to the date of redemption atthe interest rate specified in the mortgage. This subsection does not apply unless all of the following are filedwith the register of deeds with whom the deed is deposited:(a) An affidavit by the purchaser or someone in his or her behalf who has knowledge of the facts of thepayment showing the amount and items paid.(b) The receipt or copy of the canceled check evidencing the payment of the taxes, amounts necessary toredeem senior liens from foreclosure, condominium assessments, homeowner association assessments,community association assessments, or insurance premiums.(c) An affidavit of an insurance agent of the insurance company stating that the payment was made andwhat portion of the payment covers the premium for the period before the expiration of the period ofredemption.

(5) If the redemption payment in subsection (4) includes an amount used to redeem a senior lien from anonjudicial foreclosure, the mortgagor has the same defenses against the purchaser with respect to the amountused to redeem the senior lien as the mortgagor would have had against the senior lien.

(6) The register of deeds shall indorse on documents filed under subsection (4) the time they are received.The register of deeds shall record the affidavit of the purchaser only and shall preserve in his or her files therecorded affidavit, receipts, insurance receipts, and insurance agent's affidavit until expiration of the period ofredemption.

(7) Subject to section 3238, for a mortgage executed on or after January 1, 1965, of commercial orindustrial property, or multifamily residential property in excess of 4 units, the redemption period is 6 months from the date of the sale.

(8) Subject to subsections (9) to (11) and section 3238, for a mortgage executed on or after January 1,1965, of residential property not exceeding 4 units, if the amount claimed to be due on the mortgage at theRendered Monday, February 10, 2020Page 1Michigan Compiled Laws Complete Through PA 27 of 2020 Legislative Council, State of MichiganCourtesy of www.legislature.mi.gov date of the notice of foreclosure is more than 66-2/3% of the original indebtedness secured by the mortgage,the redemption period is 6 months.

(9) For a mortgage of residential property not exceeding 4 units, if the property is abandoned as determinedunder section 3241, the redemption period is 1 month.

(10) If the property is abandoned as determined under section 3241a, the redemption period is 30 days oruntil the time to provide the notice required by section 3241a(c) expires, whichever is later.

(11) Subject to section 3238, for a mortgage of property that is used for agricultural purposes, theredemption period is 1 year from the date of the sale.

(12) If subsections (7) to (11) do not apply, and subject to section 3238, the redemption period is 1 yearfrom the date of the sale.

(13) The amount stated in any affidavits recorded under this section is the amount necessary to satisfy therequirements for redemption under this section.

(14) The register of deeds of a county with a population of more than 750,000 and less than 1,500,000, atthe request of a person entitled to redeem the property under this section, shall determine the amountnecessary for redemption. In determining the amount, the register of deeds shall consider only the affidavitsrecorded under subsections (2) and (4). A county, register of deeds, or employee of a county or register ofdeeds is not liable for damages proximately caused by an incorrect determination of an amount necessary forredemption under subsection (2).

(15) A register of deeds may charge not more than $50.00 for determining the amount necessary forredemption under this section.

(16) For purposes of this section, there is a presumption that the property is used for agricultural purposesif, before the foreclosure sale under this chapter, the mortgagor provides the party foreclosing the mortgageand the foreclosing party's attorney proof that the mortgagor filed a schedule F to the mortgagor's federalincome tax form 1040 for the year preceding the year in which the proceedings to foreclose the mortgagewere commenced and records an affidavit with the register of deeds for the county in which the property islocated stating that the proof has been delivered. If the mortgagor fails to provide proof and record anaffidavit as required by this subsection before the foreclosure sale, there is a presumption that the property isnot used for agricultural purposes. The party foreclosing the mortgage or the mortgagor may file a civil actionto produce evidence to rebut a presumption created by this subsection. An action under this subsection mustbe filed before the expiration of the redemption period that would apply if the property is determined not to beused for agricultural purposes.

History: 1961, Act 236, Eff. Jan. 1, 1963;-Am. 1964, Act 15, Eff. Aug. 28, 1964;Am. 1964, Act 102, Eff. Aug. 28, 1964;Am. 1971, Act 104, Eff. Mar. 30, 1972;Am. 1972, Act 377, Eff. Mar. 30, 1973;Am. 1986, Act 94, Imd. Eff. May 7, 1986;Am. 1994, Act 397, Imd. Eff. Dec. 29, 1994;Am. 1996, Act 214, Imd. Eff. May 28, 1996;Am. 2000, Act 380, Imd. Eff. Jan. 2, 2001;Am. 2004, Act 538, Eff. Mar. 30, 2005;Am. 2006, Act 579, Imd. Eff. Jan. 3, 2007;Am. 2010, Act 303, Imd. Eff. Dec. 17, 2010;Am. 2011, Act 303, Imd. Eff. Dec. 22, 2011;Am. 2013, Act 104, Eff. Jan. 10, 2014;Am. 2014, Act 125, Eff. June 19, 2014;Am. 2014, Act 431, Imd. Eff. Dec. 30, 2014;Am. 2019, Act 130, Imd. Eff. Nov. 21, 2019.
Compiler's note: Enacting section 1 of Act 303 of 2011 provides: "Enacting section 1. This amendatory act applies to property sold at a foreclosure sale held under section 3216 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3216, on or after February 1, 2012."

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