Bulletin: MI2023001

Dear Associates:

Please be advised that on January 12, 2023, the Michigan Court of Appeals published an Opinion in the matter of Kessler v. Longview Agricultural Asset Management, LLC. (attached) which held that the start of the redemption period on a foreclosure by advertisement is the date of the Sheriff’s Deed and that a delay in recording under MCL 600.3232 of more than 20 days does not result in the redemption clock starting to run at the date of recording. For the time being, this modifies the provisions of Michigan Land Title Standards 16.28 which provides as follows:

STANDARD: FAILURE TO RECORD THE DEED GIVEN AT A SALE IN FORECLOSURE BY ADVERTISEMENT WITHIN 20 DAYS AFTER SALE DOES NOT INVALIDATE THE SALE BUT CAUSES THE PERIOD OF REDEMPTION TO RUN FROM THE DATE OF RECORDING.

Thus, the redemption periods as provided for in MCL 600.3240 (7) - (12) will expire based upon the date of the Sheriff’s Deed no matter when the Sheriff’s Deed is recorded during the statutory period of redemption.

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