Sec. 44.
(1) If a mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage, whether before or after a breach of the mortgage, or, if the mortgage is entirely due, after a tender of the whole amount due, within the applicable time period in subsection (2) after being requested and after tender of the mortgagee's reasonable charges, refuses or neglects to discharge the mortgage as provided in this chapter or to execute and acknowledge a certificate of discharge or release of the mortgage, the mortgagee is liable to the mortgagor or the mortgagor's heirs or assigns for $1,000.00 damages. The mortgagee is also liable for all actual damages caused by the neglect or refusal to the person who performs the condition of the mortgage or makes the tender to the mortgagee or the mortgagee's heirs or assigns, or to anyone who has an interest in the mortgaged premises. Damages under this section may be recovered in an action for money damages or to procure a discharge or release of the mortgage. The court may, in its discretion, award double costs in an action under this section.
(2) The discharge of mortgage, execution and acknowledgment of a certificate, or filing of a discharge of mortgage required by this section or section 41 shall be performed within whichever of the following time periods is applicable:
(a) For the first 2 years after the effective date of the amendatory act that added this subsection, 75 days.
(b) Beginning 2 years after the effective date of the amendatory act that added this subsection, 60 days.
History: R.S. 1846, Ch. 65 ;-- CL 1857, 2763 ;-- Am. 1861, Act 13, Eff. June 15, 1861 ;-- CL 1871, 4246 ;-- How. 5704 ;-- CL 1897, 9010 ;-- CL 1915, 11745 ;-- CL 1929, 13318 ;-- CL 1948, 565.44 ;-- Am. 2004, Act 447, Imd. Eff. Dec. 27, 2004
Structure Michigan Compiled Laws
Chapter 565 - Conveyances of Real Property
R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49)
Section 565.1 - Conveyance of Land Made by Deed.
Section 565.3 - Quit Claim Deed; Estate Passed.
Section 565.4 - Conveyance of Greater Estate Than Possessed; Effect.
Section 565.5 - Covenants; Implication in Conveyance.
Section 565.6 - Covenants; Implication in Mortgage.
Section 565.7 - Conveyance of Land Adversely Possessed; Validity.
Section 565.9 - Execution of Deed in Another State; Governing Law, Acknowledgment.
Section 565.13 - Conveyance by Nonresident Married Person; Effect; Procedure.
Section 565.14 - Deed; Failure to Acknowledge; Proof by Witness of Execution.
Section 565.16 - Deed; Refusal to Acknowledge; Application to Circuit Court; Summons to Grantor.
Section 565.17 - Deed; Proof of Execution; Certificate of Court.
Section 565.18 - Deed; Refusal to Acknowledge; Proof of Execution by Proving Handwriting.
Section 565.19 - Subscribing Witnesses; Subpoenas for Attendance.
Section 565.21 - Unacknowledged Deed; Filing of Copy by Person Interested; Effect.
Section 565.22 - Unacknowledged Deed; Effect of Filing; Continuation.
Section 565.26 - Repealed. 2008, Act 358, Imd. Eff. Dec. 23, 2008.
Section 565.27 - Recorded Instruments; Contents.
Section 565.30 - Deeds of Church Pews and Slips; Recording.
Section 565.32 - Unrecorded Deed of Defeasance; Validity Against Person Without Notice.
Section 565.33 - Assignment of Mortgage; Effect of Recording.
Section 565.34 - Purchaser; Definition.
Section 565.35 - Conveyance; Definition.
Section 565.37 - Power of Attorney to Convey Lands; Recording of Revocation.
Section 565.38 - New County; Transcription of Instruments; Effect, Compensation of Register.
Section 565.39 - Device Used as Seal; Effect; Application to Official Seals.
Section 565.41 - Discharge of Mortgage; Payment of Filing Fee by Mortgagee; Date of Discharge.
Section 565.44 - Discharge of Mortgage; Refusal; Civil Liability; Penalty; Time Periods.
Section 565.47 - Recording by Register of Deeds; Acknowledgment Required.
Section 565.48 - Deed by Surviving Joint Tenant of Lands; Recording; Certified Copy of Death.