February 27, 2013
Michigan Supreme Court Stayed Trial Court Proceedings in Order for the Court in Residential Funding Co. v. Saurman to Decide Whether MERS may commence a Foreclosure-by-Advertisement as Mortgagee of Record
In PB Reit, Inc. v. Debabneh, 801 N.W.2d 380 (Mich. 2011), the Michigan Supreme Court stayed trial court proceedings including attempts to enforce the order of eviction. quick short term loans uk Concurring Judge Markman stated that the Court of … Continue reading
February 27, 2013 in Michigan | Permalink | No Comments
February 25, 2013
Michigan Court of Appeals Holds that Bank has Standing to Foreclose on Mortgaged Property Because the Bank was Validly Assigned Property Owners’ Mortgage and thus was the Record Holder of the Mortgage
In Hargrow v. Wells Fargo Bank N.A., 491 F. App’x 534 (6th Cir. 2012), the United States Court of Appeals in Michigan held that Wells Fargo Bank had standing to foreclose upon the mortgaged property. Mary and M.L. Hargrow bought … Continue reading
February 25, 2013 in Michigan | Permalink | No Comments
February 22, 2013
Michigan Supreme Court holds that MERS has Standing to Foreclose on Homeowner’s Property by Advertisement
In Residential Funding Co., L.L.C. v. Saurman, 490 Mich. 909, 805 N.W.2d 183 (2011), the Michigan Supreme Court held that under Michigan law, mortgagees of record could commence foreclosures-by-advertisement. Saurman and Messner purchased property and obtained financing from a financial … Continue reading
February 22, 2013 in Michigan | Permalink | No Comments
February 15, 2013
The Michigan District Court holds that Aurora Bank has Standing to Foreclose on Homeowners’ Property
In Horton v. Aurora Bank FSB, 1:12-CV-365, 2012 WL 3307451 (W.D. Mich. Aug. 13, 2012), the Michigan District Court granted Defendants’ motion to dismiss Aaron and Suzanne Hortons’ claims. In January 2007, the Hortons purchased property and executed a promissory note, … Continue reading
February 15, 2013 in Michigan | Permalink | No Comments
February 13, 2013
Michigan District Court holds that a Mortgage is Valid and Enforceable even if it is separated from the Promissory Note
In Marrocco v. Chase Bank, N.A., 12-10605, 2012 WL 3061031 (E.D. Mich. July 26, 2012), the Michigan District Court granted Chase Bank’s and MERS’s motion to dismiss. Marrocco obtained a loan of $181,000 from GreenPoint Mortgage Funding, Inc. As security … Continue reading
February 13, 2013 in Michigan | Permalink | No Comments
February 12, 2013
The Michigan District Court holds that MERS has Standing to Initiate a Foreclosure by Advertisement
In Matthews v. Mortgage Elec. Registration Sys., 10-CV-13740, 2011 WL 2563180 (E.D. Mich. June 28, 2011), the Michigan District Court, affirmed the Magistrate Judge’s determination that MERS had standing to foreclose on the Matthews’ property. Shelia and Eugene Matthews took … Continue reading
February 12, 2013 in Michigan | Permalink | No Comments
