Form DC 101, Forfeiture Notice, Land Contract, is the Michigan State Court Administrative Office (SCAO) form that tells a land contract purchaser the contract is in default and sets the time to pay or cure before forfeiture. A seller, or the holder of the contract as assignee, completes it with the contract details, the amounts past due and the cure period. On this page you can fill out Form DC 101 online on FillingPDF and download or print the completed PDF; the approved form is published by SCAO at courts.michigan.gov.
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What is DC 101?
Form DC 101, Forfeiture Notice, Land Contract, is a Michigan court form that notifies the purchaser(s) under a land contract that the contract is in default, states what is owed or which breach must be cured, and warns that the contract will be forfeited if it is not.
The notice is a State of Michigan form approved by the State Court Administrative Office (SCAO) and cites MCL 600.5728 and MCL 600.5730. The top of the form carries the judicial district, the court address and telephone number, and the case number and judge.
The notice has five numbered items. Item 1 identifies the land contract, the seller(s), the purchaser(s) and the property, and gives the grounds for default: nonpayment of principal and/or interest, and also unpaid taxes, unpaid insurance premiums or another material breach. Item 2 says who demands payment: the seller, an assignee of the seller, or another party. Item 3 states the amounts past due and the dates the payments were due. Item 4 sets the number of days to pay or cure. Item 5 warns that the purchaser must move out if the amount is not paid or the breach is not cured, and that the contract holder may take the purchaser to court to evict.
The same sheet adds a Certificate of Service, an Acknowledgment of Service and a Proof of Publication, which record how the notice was delivered. The form states that it may be copied, if necessary, to attach to the Complaint.
Who needs to file DC 101?
The seller of a property under a land contract, or the person who holds the contract as assignee of the seller, uses Form DC 101 to notify the purchaser(s) that the contract is in default and that forfeiture is claimed. Item 2 asks you to name the party demanding payment and to check whether that party is the seller, holds the contract as assignee of the seller, or is another party.
The notice is addressed to the purchaser(s), the parties of the second part named in item 1. The purchaser receives it; the purchaser does not complete the notice itself, although the purchaser may sign the Acknowledgment of Service to confirm receipt.
The form also has a Proof of Publication section for use when service was made by publication. It is completed by the publisher's agent of a qualified newspaper, not by the seller.
The form does not say who may sign for the seller or who may carry out service. Questions about eligibility to forfeit a land contract, or about the grounds for default, go to the court named on the form or to the statutes it cites, MCL 600.5728 and MCL 600.5730.
When to file DC 101
Use Form DC 101 when a land contract is in default and the seller or assignee wants to demand payment or cure and claim forfeiture. The notice sets its own clock: item 4 requires the total amount due, or the material breach(es), to be cured or paid within the number of days entered, counted from the date of service of the notice on the purchaser. The form states 15 days, unless the parties have by contract agreed to a longer time.
If the amount is not paid or the breach is not cured within that time, item 5 says the land contract will be forfeited as provided in the contract and the purchaser must move out and give up the property without further notice.
The form carries no separate filing deadline. It states that it may be copied, if necessary, to attach to the Complaint, so the notice is prepared and served before any court action that relies on it.
Documents you need
- Copy of the land contract's attachments, if any, listed on the Acknowledgment of Service together with the forfeiture notice.
- Attachments listed on the Certificate of Service, if you attempted service with attachments and then used publication.
- A copy of the notice of forfeiture of land contract taken from the newspaper, attached to the Proof of Publication, when service was made by publication.
How to fill out DC 101
Enter court and case details
At the top, enter the judicial district, the court address and telephone number, and the case number and judge. The form shows these as header fields.
Identify the contract and parties
In item 1, enter the date of the land contract, the seller(s) as party(ies) of the first part, the purchaser(s) as party(ies) of the second part, and the address or legal description of the premises.
State the grounds for default
Item 1 says the contract is in default for nonpayment of principal and/or interest. Also check unpaid taxes, unpaid insurance premiums or other, and explain any other material breach claimed.
Name who demands payment
In item 2, enter the name and check seller, holds the land contract as assignee of seller, or other.
List the amounts past due
In item 3, enter the sum past due in principal and interest, plus the amounts for taxes, insurance or other, and the dates the payments were due.
Set the cure period
In item 4, enter the number of days to cure or pay, counted from service of the notice. The form states 15 days unless the parties agreed by contract to a longer time.
Date and sign the notice
Enter the date and sign below item 5. Item 5 is printed text that warns of forfeiture and possible court action to evict.
Complete the certificate of service
Enter the name of the person served, the date and time, and the place or address of service, then sign, with your printed name. Check the publication box only if service could not be completed by the other methods.
Record any acknowledgment of service
If the purchaser acknowledges receipt, the acknowledgment lists the attachments and has date and time, signature and printed name lines for the purchaser.
Complete proof of publication if used
If service was by publication, the publisher's agent enters their name, the newspaper, the dates a, b and c, signs, and has it sworn before a deputy clerk or notary public.
Review, sign and download the PDF
Check names, amounts, dates and the number of days, then download or print the completed PDF from FillingPDF and keep a copy to attach to the Complaint if needed.
How to submit DC 101
Form DC 101 is delivered by service on the purchaser rather than filed through a portal or mailing address. The form lists these ways of showing service:
- Certificate of Service: records the name of the person served, the date and time of service and the place or address of service. The form refers to service personally or by first-class mail.
- Acknowledgment of Service: the purchaser signs it with the date and time to confirm receipt of the notice and any attachments listed.
- Service by publication: if service could not be completed by the other methods, the certificate of service has a box for service by publication, and the Proof of Publication section records the newspaper and the three publication dates. It is sworn before a deputy clerk or notary public.
A copy of the notice may be attached to the Complaint, as the form states. The court address and telephone number are printed at the top of the form, and the form names no other channel. The form carries no fee information; ask the court if you have questions. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the number of days blank in item 4; the form states 15 days unless the parties have by contract agreed to a longer time.
- Checking a ground for default in item 1 for taxes, insurance or "other" without entering the explanation of the material breach claimed.
- Not checking who demands payment in item 2, or leaving the name blank.
- Omitting the dates on which payments were due in item 3 or leaving out the amounts for taxes, insurance or other.
- Signing and dating the notice but leaving the Certificate of Service without the person's name, date and time, or place of service.
- Completing the Proof of Publication without the three publication dates or without attaching the copy of the notice from the newspaper.
- Leaving the Proof of Publication unsworn: it must be subscribed and sworn before a deputy clerk or notary public.
- Filling in the case number and judge for a notice that has not been assigned one, instead of leaving them as the court provides.
Frequently asked questions
What is Form DC 101 used for?
Form DC 101 is the Michigan SCAO Forfeiture Notice, Land Contract. A seller or assignee uses it to tell the purchaser the land contract is in default, state the amounts or breaches to be cured, and warn that the contract will be forfeited if they are not.
How many days does the purchaser have to pay under a DC 101 notice?
Item 4 sets the number of days to cure or pay, counted from the date of service. The form states 15 days, unless the parties have by contract agreed to a longer time.
What happens if the purchaser does not pay or cure in time?
Item 5 says the land contract will be forfeited as provided in the contract, and the purchaser must move out and give up the property without further notice. If the purchaser does not move or pay voluntarily, the contract holder may take the purchaser to court to evict.
Can I fill out Form DC 101 online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of SCAO and the courts and does not serve or file the notice; service follows the methods on the form.
How is the notice served on the purchaser?
The form's Certificate of Service refers to service personally or by first-class mail. If service cannot be completed by those methods, it can be made by publication, recorded in the Proof of Publication section.
Does the DC 101 have to be attached to a court complaint?
The form says it is to be copied, if necessary, to attach to the Complaint. It has no separate filing address printed on it; the court address and telephone number appear at the top.
Who completes the Proof of Publication section?
The publisher's agent of a qualified newspaper completes it, with the newspaper name, three publication dates and an attached copy of the notice. It is subscribed and sworn before a deputy clerk or notary public.
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