In Kessler v River AG Properties, LLC, a published Michigan Court of Appeals opinion, agricultral property was foreclosed and sold on August 21, 2020, but the sheriff’s deed was not recorded until September 14, 2020. The mortgagor tendered more than sufficient funds to the register of deeds on September 14, 2021, claiming the redemption period ran from the date of recording, not the date of sale. The trial court granted the purchaser summary disposition and the court of appeals affirmed.
Under the plain language of the statute, the redemption period runs from the date of sale, not the date of recording of the sheriff’s deed. Although a different statute requires the sheriff’s deed to be recorded within 20 days of the date of sale, it contains no penalty for failure to do so.