Michigan Court of Appeals clarifies mortgagor’s right of property redemption, regardless of the manner of foreclosure used.
Comments
Implied duties pertaining to contractual performance should not be misconstrued to allow for challenges to a contact’s fairness.
Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds.
Appellate court ruling allows receivers to sell property even if proceeds fail to compensate junior lien holders.
Creditors must closely scrutinize Chapter 13 cases to understand what debts are being discharged and to update business records to ensure discharged debts are not pursued post-bankruptcy.
Court rules that bank, which accepted a borrower's voluntary payments post-bankruptcy and opted not to foreclose its security interest in the mortgage, did not violate the FCRA by reporting the loan as closed on the borrower's credit report.
Appellate court rules on whether lender can sue to enforce other security in a loan default situation without also foreclosing on the borrower's mortgage.
Subscribe
RSS Plunkett Cooney LinkedIn Page Plunkett Cooney Twitter Page Plunkett Cooney Facebook Page
Topics
- Commercial Real Estate
- Real Estate
- Coronavirus
- COVID-19
- Commercial Liability
- Business Risk Management
- Contracts
- Bankruptcy
- Real Estate Mortgages
- Business Torts
- Commercial Leasing
- Alternative Dispute Resolution (ADR)
- Commercial Loans
- Mortgage Foreclosure
- Civil Litigation
- Shareholder Liability
- Class Action
- Product Liability
- Insurance
- Tax Law
- Pensions
- Standing
- Fraud Activity
- Risk Management
- Cyber Attack
- Biometric Data
- Banking Law
- Cybersecurity
- Statute of Limitations
- e-Commerce
- Internet Law
- e-Discovery
- Non-compete Agreements
- Venue
- Consumer Protection
- Residential Liability
- Zoning and Planning
- Clawback
- Department of Education (DOE)
- Receiverships
- Fair Debt Collection Practices Act
- Garnishments
- Fair Credit Reporting Act
- Unfair Competition
- Uniform Commercial Code (UCC)
Recent Updates
- No Light Yet at End of COVID-19 Real Estate Tunnel
- When are Clear, Unambiguous Contracts Nonetheless Ambiguous?
- What the Future may Hold for Michigan Real Estate Foreclosures and Evictions
- The Dispute Subject to Arbitration, or is it? Who Decides?
- Illinois Supreme Court Slams Courthouse Door on Non-residents' Product Liability Claims Against Non-resident Defendants for Injuries Suffered Outside State
- Supreme Court Rules Fully Funded Pension Plans Cannot be Sued Under ERISA for Mismanagement
- A Day in Someone Else’s Shoes: Can Mortgagees Challenge Ad Valorem Assessments?
- Landlords may be able to Recover Future Damages Even After Tenants Vacate Leased Premises
- A Deeper Dive Into Minority Owner Oppression Claims
- Is Coronavirus Pandemic an Excuse not to Pay or Perform a Contract? A Short Primer on Applicable Legal Doctrines