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Posts in the Foreclosure category:

REAL ESTATE 25: Foreclosure and sheriff’s sale, redemption period expired.

In lieu of an answer, defendants filed a motion for summary disposition under MCR 2.116(C)(8) and (C)(10), arguing essentially that plaintiff lacked standing to bring claims related to the Property because plaintiff’s legal interest in the Property was extinguished through properly conducted foreclosure proceedings and the redemption period had expired and that none of plaintiff’s claims had legal merit.

Plaintiffs were entitled to judgment as a matter of law under the doctrine of equitable subrogation, the court remanded to the trial court with instructions to enter judgment for plaintiffs for $90,931.32 plus interest, costs, and attorney fees.

The case arose from the plaintiffs' sale of three commercial lots to defendant-RAAW Enterprises by land contracts. Defendant-RAAW Management later executed a promissory note to a bank. Guaranty agreements were also executed. As security for the...

Plaintiff lacks standing to challenge foreclosure sale

Holding that the plaintiff lacked standing to bring this action to set aside a foreclosure sale, and that she did not meet "the high standard for proving fraud or irregularity," the court affirmed the trial court's order granting the defendant-bank...

Mortgage not signed by wife declared invalid

Plaintiff set aside its foreclosure on defendant's property after being informed that the mortgage did not contain her signature, and sued seeking equitable relief, including a declaration that the mortgage was valid even though it did not contain...

Valid mortgage interest found in quiet title action

Defendants foreclosed on plaintiff's property and defendant-FNMA was the highest bidder at the sheriff's sale. Plaintiff then sued to quiet title. On appeal, the court rejected his argument that defendant-Seterus was not a proper party to the...
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