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If a homeowner fails to redeem their property, their rights to the property are extinguished and they no longer have standing to bring an action to set aside the foreclosure sale

The court held that the plaintiffs lacked standing to set aside the foreclosure sale, and concluded that even if they had standing, they failed to show a genuine issue of material fact as to the essential elements of a claim to set aside the sale. It also held that the trial court did not err in ruling that their FDCPA claims were barred by the applicable one-year statute of limitations. Thus, the court affirmed the trial court's grant of summary disposition to the defendants. The foreclosure sale issues related to plaintiffs' claims for injunctive and other relief against defendant-BONY. The court noted that standing "is not dependent on the merits" of a case, and in Bryan, it held that "if the mortgagor fails to redeem the property, the mortgagor's rights to the property are extinguished and the mortgager no longer has standing to bring an action to set aside the foreclosure sale." It rejected plaintiffs' contention that the court's decisions in Kelley and Diem compelled a different conclusion, as neither case addressed the issue of standing. "The rule of law established in Bryan is controlling pursuant to MCR 7.215(J)(1)." Since it was "undisputed that plaintiffs failed to redeem the property, their rights to the property were extinguished and they lacked standing to bring an action to set aside the foreclosure sale." As to their FDCPA claims, because "no new, discrete FDCPA violation within the one-year period was pleaded or presented to the trial court at the time of the motion proceedings, the trial court did not err in determining that plaintiffs' FDCPA claim against" the defendant-law firm was barred by the statute of limitations. They also did not establish any basis for disturbing the trial court's grant of summary disposition in favor of BONY and defendant-Chase Bank based on the statute of limitations as to "the FDCPA claims against them as alleged debt collectors." No "new, discrete FDCPA violation within the one-year period preceding" the filing of the counterclaim and third-party complaint "was pleaded or presented to the trial court."


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