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Plaintiff not party to assignment lacks standing to challenge its validity

Holding that MCL 600.3205b(2) authorized defendant-BNY to foreclose on the plaintiffs' property, the court affirmed the trial court's order granting BNY summary disposition. "Plaintiffs did not have standing to challenge the validity of the assignments to which they were not a party," and absent such a challenge, the record clearly showed that BNY owned both the note and the mortgage. Further, the trial court did not err in relying on judicial admissions or an affidavit in granting defendant-Flagstar summary disposition, and its determination plaintiffs' claims against Flagstar were frivolous was not erroneous. Thus, in Docket No. 315242 the court affirmed the trial court's grant of summary disposition for all the defendants, and in Docket No. 315283 it affirmed the grant of sanctions for Flagstar against plaintiffs. While plaintiffs argued that the trial court could not grant BNY summary disposition under MCR 2.116(C)(10) because it previously denied BNY's motion under MCR 2.116(C)(8), "the two bases for granting summary disposition are completely different and not necessarily relevant to each other." The trial court found at the first hearing that plaintiffs sufficiently alleged a cause of action for violation of MCL 600.3205a. "The fact that a complaint articulates a cause of action does not mean there necessarily exists evidence to support it." Further, the court held that "MCL 600.3205b(2) expressly permitted BNY to take the actions it did." BNY produced evidence that it requested documents from plaintiffs, but never received them, and plaintiffs provided no evidence to the contrary. Further, the mortgage provided that MERS was the mortgagee, as nominee for the "Lender." While "the ownership interest in the mortgage shifted, the mortgagee only changed when MERS assigned the mortgage to BNY. That assignment was recorded, so the recorded chain of title consisted of plaintiffs' original mortgage with MERS as mortgagee and MERS's assignment to BNY." Nothing in the statutory language or the relevant case law "required the recording of the intermediate transfers of the mortgage interest among MERS lenders while MERS remained the mortgagee." The court also concluded that in light of the judicial admissions by Flagstar's counsel that Flagstar had no interest in the mortgage or note, "title could have been quieted in plaintiffs or any other party without Flagstar's presence in the lawsuit." Further, nothing in the documentary record required its inclusion. Since "no set of facts or law could have vested in Flagstar any interest in the property," little, "if any, investigation would have been necessary to determine that plaintiffs had no basis for bringing any claims against Flagstar."

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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