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REAL ESTATE 43: Action shall not be brought against a financial institution unless the commitment is in writing and signed with an authorized signature.

In 2007, plaintiff secured a $193,000 loan for the purchase of a home in Michigan. As security for the loan, plaintiffs mortgaged the home. The mortgage was eventually assigned to defendant.

In 2011 and 2012, the loan was modified. Plaintiffs were offered a trial period for a third modification; however, they responded by requesting more information, and the loan was not modified for a third time. In 2015, it is undisputed that plaintiffs defaulted on the loan.

The bank sent notice of a foreclosure sale. Plaintiffs responded by filing a lawsuit with a complaint. The trial court granted defendants’ motion for summary disposition and dismissed all counts.

Plaintiffs argue that the trial court erred in dismissing all their claims.

Plaintiffs alleged that defendants engaged in fraud when defendants’ representatives made misrepresentations regarding the loan modification process.

The trial court ruled that this claim was barred by the statute of frauds.

MCL 566.132(2) provides an action shall not be brought against a financial institution to enforce any of the following promises or commitments of the financial institution unless the promise or commitment is in writing and signed with an authorized signature by the financial institution.

In this case, the factual allegations underlying the complaint all concerned alleged promises or commitments made by defendants—financial institutions—and plaintiffs did not allege or submit evidence that any of the promises or commitments were in writing and signed by an authorized representative.

Simply citing to paragraphs in the complaint to support the position that defendants violated, plaintiffs failed to create a genuine issue of material fact in that plaintiffs did not articulate what aspects of defendants’ conduct violated the statute and how that conduct resulted in damages.

Are you involved in a real estate dispute in Michigan? Are you seeking an efficient and effective resolution to a property litigation matter?

If you are facing a residential or commercial real estate, seek the advice of an experienced and skilled real estate litigation attorney at Aldrich Legal Services in Plymouth.

Contact Aldrich Legal Services

FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

CRIMINAL 19: Sentencing guidelines are advisory.

The sentencing guidelines are advisory, and although a trial court must determine the applicable guidelines range and take it into account when imposing a sentence, the court is not required to sentence a defendant within that range.

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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?

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