Sec. 5.
(1) A document creating an assignment of rents may be submitted for recording to the register of deeds in the same manner as any other document evidencing a conveyance of an interest in real property.
(2) Upon recording, the security interest in rents created by an assignment of rents is fully perfected, even if a provision of the document creating the assignment or law of this state other than this act would preclude or defer enforcement of the security interest until the occurrence of a subsequent event, including a subsequent default of the assignor, the assignee's obtaining possession of the real property, or the appointment of a receiver.
(3) Except as otherwise provided in subsection (4), a perfected security interest in rents takes priority over the rights of a person that, after the security interest is perfected, does either of the following:
(a) Acquires a judicial lien against the rents or the real property from which the rents arise. If the judicial lien arises out of a construction lien, the priority of the security interests in the rents must be determined under the construction lien act, 1980 PA 497, MCL 570.1101 to 570.1305.
(b) Purchases an interest in the rents or the real property from which the rents arise.
(4) A perfected security interest in rents has priority over the rights of a person described in subsection (3) with respect to future advances to the same extent as the assignee's security interest in the real property has priority over the rights of that person with respect to future advances.
History: 2022, Act 115, Eff. Sept. 22, 2022
Structure Michigan Compiled Laws
Chapter 554 - Real and Personal Property
Act 115 of 2022 - Michigan Uniform Assignment of Rents Act (554.1051 - 554.1070)
Section 554.1051 - Short Title.
Section 554.1052 - Definitions.
Section 554.1053 - Assignment; Notification; Method; Proper Address Rules.
Section 554.1055 - Recording With Register of Deeds; Perfected Security Interest; Priority.
Section 554.1056 - Assignment Enforcement Methods.
Section 554.1057 - Appointment of Receiver; Petition; Priority of Receivers.
Section 554.1058 - Demand Notice to Assignor for Collection of Rents; Notification Requirements.
Section 554.1059 - Demand Notice to Tenant for Payment of Rents; Notification Requirements.
Section 554.1060 - Notification to Pay Rents to Person Other Than Landlord; Form.
Section 554.1061 - Effect of Enforcement of Assignments of Rent.
Section 554.1062 - Collection of Rent Proceeds; Use of Funds.
Section 554.1063 - Exception for Use of Collection of Rents; Protection of Rights.
Section 554.1064 - "Good Faith" Defined; Collection by Assignor; Remedies; Priority.
Section 554.1065 - Perfection of Security Interests; Priority Rules in Article 9.
Section 554.1066 - Priority Subject to Subordination.
Section 554.1067 - Promotion of Uniformity.
Section 554.1068 - Electronic Signatures.