Category Archives: Uncategorized

In the last several years foreclosure litigation has boomed. An object of focus for many such property owners who find themselves in such a lawsuit has been to shift the burden to the Bank to “produce the note!” What happens if a Bank wants to foreclose on a mortgage and cannot find the underlying note that evidences the debt?Continue reading “The Bank and the “Lost Promissory Note”: Can a Lender Foreclose on a Mortgage Without Presenting the Promissory Note?”

When a mortgagor of real property has found itself defaulted, foreclosed on, and nearing the end of the redemption period (typically 6 months to 1 year) what rights do they have to bring claims in court related to that real property?   Not many, it appears, absent a signficant showing of fraud or irregularity inContinue reading “Foreclosures: Mortgagor has No Standing To Sue If Redemption Expires During the Lawsuit”

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Rule v US Bank is a recent unpublished Michigan Court of Appeals decision dated January 17, 2012 in which Parents, homeowners, raise a novel issue, albeit unsuccessfully, on behalf of their daughter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”