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Foreclosing bank responsible for condo association dues

Addressing an issue of first impression, the court held that the trial court properly found that the plaintiff-bank was responsible for association dues on a condo unit it foreclosed on from the time it purchased the sheriff's deed at foreclosure....

Award of custody challenged, spousal support upheld

Concluding that the trial court failed to render a finding as to the children's ECE or to "conduct a proper analysis of the best interest factors," the court held that remand was required as to the award of sole legal and physical custody of the...

Homeowner denied relief from foreclosure

The court held that the trial court erred in granting the respondent-homeowner relief from foreclosure of her property by the petitioner-treasurer for nonpayment of taxes. The trial court granted respondent's motion for relief from the judgment of...

Termination of Parental Rights Upheld

Respondent argued on appeal that the trial court clearly erred in terminating her rights because termination was not appropriate under § 19b(3)(a)(ii) and because she was not provided reunification services. However, the court concluded that the...

Wills and Trusts

Holding that the probate court did not abuse its discretion by enforcing the parties' settlement and dismissing plaintiffs' action, the court affirmed. The appeal arose from the settlement of a probate action originally filed by 4 of Elizabeth...

Real Estate

Intervening appellees-Kentwood and Kent County were entitled to include interest and penalties in their property tax liens. Although the trial court erred by concluding that the STC could retroactively revoke the exemption certificates, this "void"...

Foreclosure

Holding that there was no genuine issue of material fact that the defendant defaulted, the Michigan Court of Appeals concluded that the trial court did not err in granting the plaintiff summary disposition on the issue of liability. The court also...

Family Law

There was clear and convincing evidence that the DHS unsuccessfully made the required active efforts to prevent the breakup of the Native American family, and that continued custody of the children by their mother "was likely to result in serious...

Termination of Parental Rights

The Michgan Court of Appeals held that while terminating the respondent-mother's parental rights was not warranted under § 19b(3)(c)(i), the trial court did not clearly err in terminating her rights under §§ 19b(3)(b)(i), (c)(ii), (g), and (j)....

Family Law

The Michigan Court of Appeals held that the trial court properly terminated the respondents' parental rights to their three younger children where the statutory grounds for termination were established by clear and convincing evidence and...

Wills and Trusts

The Michigan Court of Appeals held, among other things, that the respondent-Trustee breached his fiduciary duties by failing to administer the RS Trust and the DS Trust in accordance with their terms when he conditioned distribution to some...

Family Law

The Michigan Court of Appeals held that the defendant-mother's allegations failed to meet the threshold requirement that would have potentially entitled her to an evidentiary hearing. There were no disputed facts before the court. Even if the trial...

Real Property / Foreclosure

Holding that defendant-Bajor did not show that entry of the default and default judgment resulted in manifest injustice, the Michigan Court of Appeals concluded that under the circumstances, the trial court did not abuse its discretion in granting...

Termination of Parental Rights

The Michigan Court of Appeals held that the statements of one of the children (D) were admissible under MRE 803(24). The court also rejected the respondent-mother's other hearsay claims, and held that § 19b(3)(b)(ii) was established. Further, the...

Foreclosure

Holding that the plaintiff's attack on the foreclosure proceeding did not provide a basis for invalidating the sale, the Michigan Court of Appeals affirmed the trial court's order granting the defendant summary disposition. Plaintiff obtained a...

Family Law

Holding that nothing in the RPA "indicates that DNA results, standing alone, are sufficient to require revocation" of an APA, the Michigan Court of Appeals concluded that the trial court reached the correct result for the wrong reason in denying...

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