Michigan property law · Detroit & Metro Detroit

Michigan land contracts — what a buyer needs to know

Land contracts are common across Detroit because they let someone buy without a mortgage. They are also where buyers lose the most money. The rules that decide whether you keep the house or lose everything you have paid are specific, they are Michigan-specific, and most of them are not in the contract you are handed.

Have a Michigan real estate attorney read the contract before you sign it. This page explains the mechanics and cites the statutes so you can verify them yourself. It is general information about Michigan law, not legal advice, and it is not a substitute for a lawyer reviewing your specific agreement. An hour of an attorney's time is the cheapest part of this transaction.

How it actually works

Under a land contract the seller keeps legal title until the balance is paid. You take equitable title — you get possession, and you take on the taxes, insurance and repairs — but the deed does not transfer at closing. It transfers when you finish paying, which may be years later.

That gap is where the risk lives. For the entire term, the person whose name is on the title is not you.

The tax trap almost nobody catches

Your property taxes uncap the year after you sign — not when you get the deed. A land contract is a transfer of ownership under MCL 211.27a(6)(b). The Michigan State Tax Commission is explicit that the transfer occurs on the date the contract is entered into — not the date it is recorded, not the date it is paid off, and not the date a deed is later recorded. Taxable value uncaps in the calendar year following that date.

Buyers routinely assume the tax reset happens years later when the deed changes hands. It does not. If you sign a land contract this year, next year's bill is calculated on the uncapped value — roughly half the purchase price — and you are the one paying it.

Run the number before you sign: what your taxes become after uncapping. In Detroit, at 64.1844 mills, the increase is often larger than the payment difference that made the land contract attractive in the first place.

If you fall behind: forfeiture vs. foreclosure

Michigan gives the seller two different routes, and which one they take changes everything for you.

 ForfeitureForeclosure
CourtDistrict court, summary proceedingCircuit court, equitable action
SpeedFast — weeks to a judgmentSlow — months
Redemption if you paid under 50%90 daysSet by the court
Redemption if you paid 50% or more6 monthsSet by the court
What you must pay to redeemThe past-due amount plus taxed costsTypically the full balance
Deficiency judgment against youNoPossible

Redemption periods under MCL 600.5744. The percentage is of the total purchase price paid, not of the time elapsed.

The redemption figure is the single most useful thing on this page. In a forfeiture you redeem by paying what is past due plus court costs — not the entire remaining balance. Buyers who assume they need the whole payoff often walk away from a house they could have kept for a few thousand dollars. If you are served with a forfeiture notice, find out the actual redemption amount before you conclude it is hopeless.

The four things that sink land contract buyers

1. The seller has a mortgage you do not know about

If the seller is still paying a lender and stops, the lender forecloses on their interest — and your equitable interest goes with it. You can be current on every payment you owe and still lose the house. Most mortgages also carry a due-on-sale clause that a land contract can trigger. Pull a title search and ask directly.

2. The contract is never recorded

Michigan is a race-notice state. An unrecorded land contract can be defeated by someone who later buys or lends against the property without notice of your interest. Record it with the Register of Deeds — in Wayne County that is the county register — and keep the recorded copy.

3. Unpaid property taxes

You are usually responsible for taxes under the contract, but taxes owed from before you signed may still be outstanding. Michigan's tax foreclosure cycle runs three years to the loss of the property, and the county does not care whose name is on the contract. Check the tax status on the parcel before signing, not after.

4. The seller does not actually own it free of others

Liens, judgments, an estate that was never probated, a co-owner who did not sign. A land contract closing often skips the title work a mortgage lender would have required, which is precisely why these problems survive to closing.

Before you sign — the checklist

Do thisWhy
Order a title searchConfirms the seller owns it and shows liens, mortgages and judgments
Check the parcel's tax statusArrears from before your purchase can still foreclose the property
Ask directly about an underlying mortgageTheir default becomes your loss
Record the contractProtects your interest against later buyers and lenders
Confirm the uncapped tax figureYour bill resets the year after signing, not at payoff
Check for blight tickets and code violationsThey follow the property, and you take possession
Get title insurance if you canUnusual on land contracts, and that is the problem
Have an attorney review the contractForfeiture terms, interest rate, balloon date, who pays taxes

When a land contract is the right call

None of this means never sign one. For a buyer who cannot get conventional financing — self-employed, thin credit file, or a house no lender will finance because of its condition — a properly structured, recorded land contract on a property with clean title is a legitimate path to ownership. Detroit has a lot of houses that no bank will lend on, and land contracts are how many of them change hands.

The difference between a good one and a disaster is almost entirely the diligence above, and it is all doable before you sign.

Related: Detroit buyer programs — NEZ and the Land Bank · Detroit home prices by neighborhood · Detroit property taxes. Statutory references: MCL 211.27a (transfer of ownership and uncapping), MCL 600.5726 et seq. (land contract forfeiture), MCL 600.5744 (redemption periods).