Author Archives: jeshuatlauka

A Mortgagee can foreclosure by advertisement AND at that same time file suit to recover on a personal guaranty, right?  Not so fast.     On April 17th, 2012, the Michigan Court of Appeals decided Greenville Lafayette, LLC v Elgin State Bank, 2012 WL 1319417, — N.W.2d —- (Mich Ct App April 17, 2012) and put a wrinkle inContinue reading “One Action Rule Invalidates Lender’s Foreclosure”

Rule v US Bank is a recent unpublished Michigan Court of Appeals decision dated January 17, 2012 in which Parents, homeowners, raise a novel issue, albeit unsuccessfully, on behalf of their daughter in order to save their home from being foreclosed on. The facts presented invoke a lot of sympathy, the Court of Appeals acknowledges as muchContinue reading “Can Asserting A Constitutional Homestead Interest Avoid Foreclosure?”

If your home was foreclosed on in 2009 – 2010 it may be worth having the Federal Government perform its independent review of your foreclosure process and check into whether or not your lender potentially committed errors in the process. According to a press release found on the Office of Comptroller on Currency’s website “[u]nderContinue reading “Was Your Home Foreclosed on in 2009-2010? – Free Independent Foreclosure Review”