Buying On A Land Contract
MCL 600.5728 — 15 days after the notice, and 90 days or 6 months after a judgment
In Michigan, a seller may recover possession after forfeiting a land contract through the summary proceedings chapter only if the contract expressly provides for forfeiture, or gives the seller the right to declare one, for nonpayment or another material breach. Accelerated debt does not count as money required to be paid under the contract.
Fifteen days after the notice. Possession may be recovered only after the buyer is served a written notice of forfeiture and fails to pay or cure in time. Unless the parties agreed in writing to a longer time, the buyer has 15 days after service. The notice states the unpaid amount and the dates it was due, any other material breach, and declares forfeiture effective in 15 days or a longer stated time unless the default is cured.
After a judgment, 90 days or 6 months. When a judgment for possession rests on forfeiture of a land contract, the writ of restitution is not issued until 90 days after the judgment if less than 50% of the purchase price has been paid, or 6 months if 50% or more has been paid. Paying the amount stated in the judgment with taxed costs, and curing other material breaches, within that time stops the writ.
The writ ends redemption. Issuing the writ after a forfeiture judgment forecloses any equitable right of redemption the buyer has or could claim in the premises.
| The assumption | What the law actually does |
|---|---|
| The assumptionA missed payment lets the seller change the locks | What the law actually doesPossession comes through a court proceeding, after a notice of forfeiture and a judgment |
| The assumptionAfter the judgment, the buyer is out at once | What the law actually does90 days, or 6 months with half the price paid, before the writ issues |
Mortgages, leases with an option to buy, and the details of a forfeiture or foreclosure case are not all on this page. Whether a particular agreement is a land contract under the statute, and what it allows, is a question for a licensed Michigan attorney.
Sources for this section (3)
- MCL 600.5728 — Prerequisites to recovery of possession under MCL 600.5726; contents of notice of forfeiture
- MCL 600.5726 — Recovery of possession following forfeiture of executory contract for purchase of premises
- MCL 600.5744 — Issuance of writ of restitution; conditions; foreclosure of equitable right of redemption
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.