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Once a Defendant receives a ruling from a district court, he cannot challenge the decision again in federal court

Holding that the circuit court erred by reversing the district court's judgment of possession entered in favor of the plaintiff-bank and remanding this matter to the district court for an eviction trial, the court reversed the circuit court and reinstated the judgment of possession entered by the district court in plaintiff's favor. Plaintiff sought to foreclose on the defendant's home. The action was litigated in federal court, which ruled in favor of plaintiff. Plaintiff then initiated summary proceedings in state court. The district court granted a judgment of possession in plaintiff's favor, holding that it had "acquired a valid Sheriff's Deed, the redemption period expired, and defendant fully litigated his challenges to the foreclosure in" federal court. However, the circuit court remanded the matter to the district court for an eviction trial, which was to be limited to the issue whether the foreclosure notice was proper. On appeal, the court agreed with plaintiff that res judicata barred defendant from challenging the validity of the foreclosure-by-advertisement. "[D]efendant challenged numerous aspects of the foreclosure by advertisement proceeding in the federal court. In particular, [he] challenged whether Michigan's foreclosure by advertisement procedure was followed, whether plaintiff was the proper foreclosing party, and whether the requisite chain of title existed. These challenges were considered in the federal courts and were deemed without merit. In this summary proceeding, defendant again challenged the validity of the foreclosure by advertisement procedure, but these issues were or could have been decided in the federal court action between the same parties." Further, he "never disputed the fact that he was served notice" of the foreclosure, and "never challenged removal of this action to the federal court . . . ." Thus, the court concluded that res judicata and collateral estoppel "bar[red] defendant from challenging again the validity of the foreclosure by advertisement in this summary proceeding." 

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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