1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 807 N.W.2d
  5. 807 N.W.2d 412 (2011)
 

RESIDENTIAL FUNDING v. SAURMAN

Docket Nos. 290248, 291443.

807 N.W.2d 412 (2011)

292 Mich. App. 321

RESIDENTIAL FUNDING CO., LCC v. SAURMAN. Bank of New York Trust Company v. Messner.

Court of Appeals of Michigan.

Decided April 21, 2011, at 9:00 a.m.

Attorney(s) appearing for the Case

Orlans Associates, P.C., Troy (by Timothy B. Myers ), for Residential Funding Co., LLC, and Bank of New York Trust Company.

Tripp & Tagg, Attorneys at Law, Hastings (by David H. Tripp ), for Gerald Saurman.

Jackson Legal, PLLC, Jackson (by Lysle G. Hall ), for Corey Messner.

Michigan Poverty Law Program (by Lorray S.C. Brown ) and Legal Services of South Central Michigan (by Robert F. Gillett , Detroit) for the Legal Services Association of Michigan, the Michigan Poverty Law Program, the State Bar of Michigan Consumer Law Section Council, and the National Consumer Law Center.

Reinhart Boerner Van Deuren S.C. (by Robert S. Driscoll and J. Bushnell Nielsen ) for the American Land Title Association.

Before: WILDER, P.J., and SERVITTO and SHAPIRO, JJ.

SHAPIRO, J.

These consolidated appeals each involve a foreclosure instituted by Mortgage Electronic Registration Systems, Inc. (MERS), the mortgagee in both cases. The sole question presented is whether MERS is an entity that qualifies under MCL 600.3204(1)(d) to foreclose by advertisement on the subject properties, or if it must instead seek to foreclose by judicial process. We hold that MERS does not meet the requirements of MCL 600.3204(1)(d) and, therefore, may...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases