Michigan § 565.154 Mortgage; wording; validity and enforceability.

Michigan Statutes

§ 565.154 — Mortgage; wording; validity and enforceability.

Michigan § 565.154

Ch. 565CONVEYANCES OF REAL PROPERTY

Act 187 of 1881FORM OF DEEDS, MORTGAGES, AND ACKNOWLEDGMENTS (565.151-565.154)

This text of Michigan § 565.154 (Mortgage; wording; validity and enforceability.) is published on Counsel Stack Legal Research, covering Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mich. Comp. Laws § 565.154 (2026).

Text

FORM OF DEEDS, MORTGAGES, AND ACKNOWLEDGMENTS (EXCERPT) Act 187 of 1881 565.154 Mortgage; wording; validity and enforceability. Sec.

4.A mortgage of lands that is worded in substance as follows: "A.B. mortgages and warrants to C.D., (here describe the premises) to secure the re-payment of" (here describe the indebtedness or obligations the mortgage secures) and is signed by the grantor, is a valid and enforceable mortgage to the grantee and the grantee's heirs, assigns, successors, and personal representatives with warranty from the grantor and the grantor's legal representatives, of marketable title in the grantor, free from prior incumbrances. If the indebtedness or obligations secured are described generally, such as "all indebtedness that A.B. now and in the future owes to C.D.", and

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FORM OF DEEDS, MORTGAGES, AND ACKNOWLEDGMENTS (EXCERPT) Act 187 of 1881 565.154 Mortgage; wording; validity and enforceability. Sec. 4. A mortgage of lands that is worded in substance as follows: "A.B. mortgages and warrants to C.D., (here describe the premises) to secure the re-payment of" (here describe the indebtedness or obligations the mortgage secures) and is signed by the grantor, is a valid and enforceable mortgage to the grantee and the grantee's heirs, assigns, successors, and personal representatives with warranty from the grantor and the grantor's legal representatives, of marketable title in the grantor, free from prior incumbrances. If the indebtedness or obligations secured are described generally, such as "all indebtedness that A.B. now and in the future owes to C.D.", and if the words "and warrant" are omitted from the form, the mortgage is valid and enforceable, but without warranty.

Legislative History

1881, Act 187, Eff. Sept. 10, 1881 ;-- How. 5731 ;-- CL 1897, 9017 ;-- CL 1915, 11752 ;-- CL 1929, 13324 ;-- CL 1948, 565.154 ;-- Am. 2004, Act 422 , Imd. Eff. Dec. 15, 2004