In October 2017, the circuit court entered an order vacating the district court’s default judgment, and the affidavit of termination of redemption rights, and permitting KN to redeem the property before January 5, 2018.
This action for breach of contract, negligence, and abuse of process arises from the construction of a home.
Failure to Pay Property Taxes
During the construction, plaintiff failed to pay the property taxes, and the county foreclosed on the...
A party may file a third-party claim as of right within 21 days after his or her original answer is due. Otherwise, leave on motion with notice to all parties is required.
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.
The statute only applies to any surplus money after satisfying the mortgage on which the real estate was sold. Therefore, for the Petitioners to be entitled to anything under MCL 600.3252, the mortgage on the Southfield property must have been satisfied and there must be surplus money remaining after the mortgage is satisfied.
In May 2015, Bank A and defendant entered into an agreement (the Trial Plan), temporarily modifying the loan. Bank A agreed to not proceed with a foreclosure sale if defendant made payments of $1,382.62 for three months.
When real property has been vacated and physical assets are left behind or abandoned on the property, one who thereafter properly enters the property and maintains possession is not liable in an action for claim and delivery under MCL 600.2920.
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.
If a party fails to comply with a court order, upon motion by an opposing party, the court may enter a default against the noncomplying party.
Once the statutory redemption period lapses, courts can only entertain the setting aside of a foreclosure sale where the mortgagor has made a clear showing of fraud, or irregularity.
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...
The relevant question was whether respondents "were afforded notice that satisfies due process, not whether petitioner met each provision and requirement of the GPTA." They claimed that because respondent-RFA's "mortgage was recorded before the...
The court held that the plaintiffs lacked standing to set aside the foreclosure sale, and concluded that even if they had standing, they failed to show a genuine issue of material fact as to the essential elements of a claim to set aside the sale....
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...
The court held that the trial court did not abuse its discretion by entering a judgment of foreclosure and dismissing the defendants-homeowners' (Michael and Beth Dusseau) counterclaims because the parties entered into a binding and enforceable...
Holding that the plaintiff did not allege a legally cognizable claim to set aside the foreclosure and sheriff's sale, the court affirmed the trial court's order granting defendants-JP Morgan Chase Bank and Fannie Mae summary disposition in this...
Holding that the plaintiff-buyer failed to establish a genuine issue of material fact that the defendant-title agency breached a term of the parties' title insurance policy contract, the court affirmed the trial court's order granting defendant...
The court upheld the district court's decision to dismiss the plaintiffs' action to invalidate their home foreclosure because they failed to establish that the foreclosure proceedings violated Michigan's foreclosure-by-advertisement statute. Their...
Holding that none of the arguments raised by plaintiff (Wilkes) demonstrated that the circuit court abused its discretion by granting the petition for superintending control, the court affirmed the circuit court order denying his motion for a stay...
Holding that the plaintiff failed to show irreparable harm or harm without legal remedy, the court affirmed the trial court's order denying his motion for a preliminary injunction in this fraud action related to a foreclosure. He claimed that his...
Holding that there was no factual support for plaintiff's newly raised claim on appeal that former MCL 600.3204(4)(d) was violated, and rejecting his claim that former MCL 600.3205c(5) was violated, the court affirmed the trial court's order...
Holding that the plaintiffs lacked standing to challenge the mortgage assignment, and that even if they had standing, summary disposition was appropriate on the merits of their quiet title claim, the court affirmed the trial court's order granting...
The court held that despite any violations of MCL 211.78f and MCL 211.78i, the trial court properly denied the respondents-property owners' motion to set aside the judgment of foreclosure because they were properly served with notice and thus, they...
Rejecting the plaintiff's claims that she had standing to bring this action to challenge the sheriff's sale and that defects in the foreclosure process caused her actual prejudice, the court affirmed the trial court's order granting the...
The court held that the trial court did not err by granting summary disposition for the defendants-PNC Bank and PNC Mortgage, or by dissolving the temporary injunction tolling the plaintiffs-trusts' redemption period because defendants did not...
In light of the undisputed evidence that defendant-Lori Klemm took actions to affirm her husband's (defendant-Jeffrey Klemm) acts, the court held that the trial court did not err in ruling that she ratified the mortgage at issue. Thus, it affirmed...
The court held that the trial court properly concluded that the redemption period ended one year from the date of the recording of the deeds, and thus properly granted summary disposition for defendants-Daryl Repokis (Repokis) and Harsens Island...
The court held that the trial court did not err in granting the plaintiff-bank's motion for summary disposition in its foreclosure action against the defendants. Plaintiff filed a complaint for termination of tenancy in the district court after...
Holding that the notice the defendants provided to the plaintiffs as to the foreclosure process was insufficient to inform plaintiffs of their right to modify the mortgage loan to avoid foreclosure, the court reversed the trial court's order...
Holding that the district court properly entered an order terminating defendants' possession of the property because plaintiff-Freddie Mac is not a governmental entity for constitutional purposes, the court reversed the circuit court's order and...
The court held that the trial court properly granted summary disposition for the defendant-county, and properly dismissed the plaintiff-property owner's complaint to set aside the judgment of foreclosure. Plaintiff sued defendant claiming the tax...
The court held that the trial court properly ordered defendants' eviction after foreclosure of their home, and properly dismissed their cross-claims against plaintiff-Fannie Mae. Non-party-Bank of America foreclosed on defendants' home and...
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....
Holding that the defendant-Green Tree's mortgage was not the "first mortgage of record," the court reversed and remanded for entry of summary disposition in favor of the plaintiff-condo association on the issue of whether its lien had priority over...
The court held that the trial court properly rejected the plaintiff's foreclosure-related and emotional distress claims, and granted summary disposition to defendants. Plaintiff sued defendant seeking to set aside defendant's foreclosure of his...
Holding that the defendant-appellant failed to show good cause to set aside the default judgment in plaintiff's favor, the court affirmed the trial court's order denying his motion to set it aside. The underlying dispute concerned priorities on a...
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...
Noting that the trial court stated that it found the plaintiff's claims failed factually and legally under MCR 2.116(C)(8) and (10), and that he cited inapplicable case law and to the wrong standard of review, the court affirmed the trial court's...
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...
Holding that the plaintiffs' rights in and title to the property were extinguished because they waited until after the redemption period expired to file this quiet title action, the court affirmed the trial court's order dismissing their complaint...
