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Lost Note not road block to foreclosing mortgage securing established debt

In Sallie v. Fifth Third Bank, a published opinion, the Michigan Court of Appeals held that a bank could foreclose on a mortgage even if the underlying note is lost as long as the mortgage contains a power of sale and the underlying debt is establish… Read More
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Categories: Real Estate Law

Successor Interests: Record ALL of your Assignments

In Kim v JP Morgan Chase Bank, the Michigan Court of Appeals reversed the lower court’s decision and found a sheriff’s sale to be void for lack of record chain of title linking the mortgage interest to JP Morgan Chase. The Kims took out a… Read More
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Categories: Real Estate Law

Gray v Burns - It doesn't matter if an unrelated party acquiesced to the boundary

In Gray v Burns, an unpublished opinion, the Michigan Court of Appeals reversed and remanded the Kalamazoo Circuit Court’s decision to reform the parties’ deeds because the boundary line that the trial court considered was acquiesced to w… Read More
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Categories: Real Estate Law

Reinstated Corporations have a retroactive legal existence, but not necessarily an actual one

In Woodbury v. Res-Care Premier, Inc., a published opinion, the Michigan Court of appeals reversed the trial court’s decision to grant summary disposition in favor of the subdivision, Center Woods, reasoning that Center Woods had automatically… Read More
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Categories: Real Estate Law

Tenant improvements do not establish a homestead exemption in equity

In an unpublished opinion, the Michigan Court of Appeals affirmed the lower court’s summary disposition in Rule v. US Bank, stating that a mortgagee has no duty to investigate unrecorded property interests prior to foreclosure and is allowed to… Read More
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Categories: Real Estate Law

Successor Interests: Record your Assignments

In Kim v JP Morgan Chase Bank, the Michigan Supreme Court reversed the lower court’s decision and found a sheriff’s sale to be void for lack of record chain of title linking the mortgage interest to JP Morgan Chase. The Kims took out a lo… Read More
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Categories: Real Estate Law

Equitable Subrogation: It’s not volunteering when you’re helping yourself

Peter Brown and Adam Holland, attorneys at the Gallagher Law Firm, have prepared the following article relating to the recent case about equitable subrogration in Michigan. The article was published on the In December 2011, the Michigan Court of Appe… Read More
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Categories: Real Estate Law

10 Tips to Avoid Foreclosure

If you fail to make your home mortgage payments, your lender may initiate foreclosure proceedings. Foreclosure is the legal means that your lender can use to repossess your home. If your property is worth less than the total amount you owe on your mo… Read More
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Categories: Real Estate Law

Land Contracts

The use of land contracts is increasing as traditional financing is not available to most purchasers based on increased lending requirements and decreased appraised values. Use of a land contract may be the only way to close a sale in this slow real… Read More
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Categories: Real Estate Law

Introduction to MERS

What is MERS? MERS is a name frequently heard in court in connection with mortgage issues. Much litigation revolves around mortgages and often it is unclear to litigants how MERS operates. Often the issue is whether MERS should be a party to the liti… Read More
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Categories: Real Estate Law

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