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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

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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

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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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