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Party who fails to redeem during statutory period lacks standing to challenge foreclosure

The court held that the circuit court erred in reversing the district court's order granting summary disposition for the plaintiff-bank in this summary action for eviction and possession of residential property. Thus, it reversed and remanded. Plaintiff purchased the defendant's property at a sheriff's sale and plaintiff failed to redeem within the statutory period for redemption. Plaintiff then sought possession, which the district court granted. The circuit court, however, reversed the district court and denied reconsideration. On appeal, the court agreed with plaintiff that defendant lacked standing, noting that "the foreclosure sale was held on April 8," the "redemption period expired on October 8, 2010," and defendant admitted "that she did not redeem the property within the redemption period." Thus, all of her "'right[s], title, and interest' in and to the property were extinguished, and she lacked standing to challenge the foreclosure in the summary eviction proceedings." In so holding, the court distinguished Reid and Manufacturers Hanover, finding that "defendant's challenge to the foreclosure does not fit within the exception articulated by the Court in Reid because that challenge does not relate to any irregularity in the foreclosure sale itself, but rather relates to plaintiff's legal capacity to foreclose upon the property based on alleged irregularities in the assignment of the underlying mortgage and note granting plaintiff an interest in the property." Accordingly, it concluded that defendant lacked standing to challenge the foreclosure in the summary proceedings, and declined to address the merits of her arguments.

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