Michigan Land Contract

A land contract is a written legal contract used to purchase real estate; it is typically used in owner/seller financing. Once recorded it (shall have the same force and effect, as to subsequent encumbrancers and purchasers, as the recording of deeds and mortgages as now provided by law.) (565.354 section 4)

565.358 Land contract mortgage; document; form; execution, acknowledgement, and
recording; identification of encumbered interest; perfection of mortgage; priority.
Sec. 8.
(1) Any document that would be sufficient to constitute a real estate mortgage upon an interest in
real property shall constitute a land contract mortgage upon the vendor's or vendee's interest.
(2) A land contract mortgage shall be in a form and shall be executed, acknowledged, and recorded in the same manner as provided for real estate mortgages.
(3) A land contract mortgage need not specifically identify the interest encumbered as a vendor's or vendee's interest.
(4) A land contract mortgage that is recorded in the manner provided for real estate mortgages is perfected for all purposes, without filing, under the uniform commercial code, 1962 PA 172, MCL 440.1101 to 440.11102, any notice to the nonmortgaging vendor or the nonmortgaging vendee or the taking of possession of the original land contract document or otherwise. A land contract mortgage perfected in accordance with this section takes priority as a matter of law over all other mortgages, liens, security, or other interests in such vendor's or vendee's interests except those as to which a real estate mortgage would be subordinate.

565.359 Land contract mortgage; enforcement; foreclosure; additional remedies.
Sec. 9. (1) A land contract mortgage may be enforced in accordance with any existing procedure for the enforcement of a real estate mortgage, including, without limitation, foreclosure by advertisement and judicial foreclosure. Upon completion of a foreclosure by advertisement or judicial foreclosure of a land contract mortgage and the expiration of the applicable redemption period, the successful bidder at foreclosure shall succeed to all of the mortgaged interests of the respective foreclosed vendor or vendee.
(2) Other rights and remedies that may be available to a real estate mortgagee, including, without
limitation, future advance mortgages, assignments of rents, or receiverships may, in a proper case, be applied in favor of a land contract mortgagee.
(3) All remedies that existed before the effective date of sections 6 to 11 shall continue to apply. However, a land contract mortgage made pursuant to this act may, at the option of the land contract mortgagee, also be enforced as provided in this act.

Use this form for vacant land, residential housing, apartments/rental property, small commercial and condominiums.

For a Discharge of Land Contract, see Discharge of Mortgage form.

(Michigan LC Package includes form, guidelines, and completed example) For use in Michigan only.