Sec. 12.
Unless otherwise agreed, an assignee that collects rents under this act or collects upon a judgment in an action under section 14(4) shall apply the sums collected in the following order:
(a) To the assignee's reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement and not prohibited by law of this state other than this act, reasonable attorney fees and costs incurred by the assignee.
(b) To reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment.
(c) To payment of the secured obligation.
(d) To payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds.
(e) To the assignor.
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.