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Court upholds foreclosure and sale of mortgaged property

Holding that the defendant-appellant failed to show good cause to set aside the default judgment in plaintiff's favor, the court affirmed the trial court's order denying his motion to set it aside. The underlying dispute concerned priorities on a mortgage. Plaintiff and appellant separately loaned money to defendant-Fort Group Holdings "for the purchase of certain real property and, in return, received mortgages on that property. Fort Group Holdings defaulted on both mortgages. Plaintiff foreclosed on its mortgage, successfully bid on the property at foreclosure sale, and, after the redemption period expired, brought this action to quiet title" against Fort Group Holdings and appellant. He did not respond to the complaint, and the trial court entered a default judgment. The court concluded that the trial court did not abuse its discretion in denying appellant's motion to set aside the default judgment. The trial court held a hearing on appellant's motion. "At the hearing, the parties presented conflicting arguments regarding whether the service of process in this case presented good cause for setting aside the default judgment. The trial court found that plaintiff attempted to serve the process papers" at the house appellant listed as his residence in a recorded mortgage document, that appellant's brother received the papers at that house (which appellant owned), and that plaintiff accomplished alternative service as authorized by court order in response to difficulties in serving appellant personally. The record supported the trial court's conclusion that the service of process was sufficient to withstand appellant's motion.

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

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