MICHIGAN LAWS

FEDERAL BAILOUT PROVISIONS PRE-EMPT STATE LAW: SHERIFF STOPS MICHIGAN EVICTIONS: lets-hear-it-for-sherriff-evans

9 Responses

  1. Anon, on November 18th, 2009 at 7:25 am Said:

    I need a recommendation for Michigan attorney, too.

    legofan4@gmail.com

  2. Jena, on November 17th, 2009 at 7:09 pm Said:

    Who has a number for a good attorney in Michigan that deals with this stuff everyday? I have a home that foreclosed there and my 2nd mortgage was sold to SLS after the foreclosure. I need someone to talk to that knows what they are talking about before I make any further decisions.

  3. steve sinacola, on November 7th, 2009 at 12:32 am Said:

    DEFECTIVE AUTHORITY OF SHERIFF TO FORECLOSE

    I have no personal knowledge about this law firm…this post is provided for informational purpose only

    But ya gotta admit its good news

    from http://www.nicoletti-associates.com/press_room.html

    The law firm Paul Nicoletti & Assoc. has recently won 3
    cases based on defective appoinment of the sheriff, and has initiated a class action

    In short, the plaintiff was able to demonstrate both 1) a defective appointment of the Special Deputy Sheriff that conducted the foreclosure sale; and 2) the empowerment of the court to overturn the actual mortgage default under 11 USC §1322(c)(1).

    Plaintiff attorney, Paul Nicoletti, “This case was a longtime in the making and it now represents far-reaching consumer issues of great import. This decision could affect thousands of such foreclosure cases in southeastern Michigan alone. And further, we have yet to address the situation of a subsequent purchaser that is actually occupying one of these properties acquired under a flawed foreclosure sale and title transfer. This decision means that a Bankrupt Debtor can now cure a mortgage arrearage even after a Sheriff’s Sale and after State Court Summary Proceedings have been completed.”

    If you, or a client, are presently involved in or contemplating a foreclosure and/or bankruptcy Nicoletti & Associates, PLLC, provides No Nonsense – No Obligation answers to individual consumer litigation and class action participations.

    Case Chronicle Complete Time Line Available at: pressroom.htm

    • August 2005, Antonio Attard & Josephine Attard obtain a loan from Option One Mortgage Corporation – assigned to Wells Fargo Bank, N.A in October 2007,

    • Wayne County Special Deputy Sheriff, Adrienne Sanders conducts a Sheriff’s Sale of the mortgaged property (November 28, 2007). Wells Fargo Bank, N.A is the successful bidder.

    • June 2008, Wells Fargo Bank, N.A., (Potestivo & Associates, P.C. counsel), files Landlord-Tenant Proceeding and
    • Antonio Attard files a Chapter 13 Bankruptcy on July 20, 2008.

    • Landlord-Tenant Proceeding 16th District Court (Livonia, MI), was closed via an Order for Administrative Stay.

    • September 2008, Antonio Attard files Adversary Complaint /United States Bankruptcy Court,Case No. 2008-05064-tjt.

    • Landlord-Tenant Proceeding, 16th District Court (Livonia, MI), was dismissed for “no progress”. November 2008

    • Judgment entered in favor of Plaintiff in the Adversary Complaint /United States Bankruptcy Court, Case No. 2008-05064-tjt on 6 August 2009 – …the mortgage will be deemed fully reinstated and all defaults thereunder deemed cured, and that the ownership of the Property is then restored to Plaintiff.

    NICOLETTI & ASSOCIATES, PLLC PRESS ROOM:
    http://www.nicoletti-associates.com/pressroom
    View/download copies of the Complaints, Judgments, Decisions, etc.
    The applicable statues – Including 11 USC §1322(c)(1)
    Case Law for Interested Parties:

    =============

  4. steve sinacola, on October 20th, 2009 at 6:56 pm Said:

    phillip v.b……….
    Sec. 3204 part (2). “If a mortgage is given to secure the payment of money by installments, each of the installments mentioned in the mortgage after the first shall be treated as a separate and independent mortgage. The mortgage for each of the installments may be foreclosed in the same manner and with the same effect as if a separate mortgage were given for each subsequent installment. A redemption of a sale by the mortgagor has the same effect as if the sale for the installment had been made upon an independent prior mortgage.”

    What I am wondering is, if EACH installment is a SEPERATE AND INDEPENDENT MORTGAGE, then a default of 1 installment would equal 1 installment worth of damages. So how is it the pretender is awarded the entire property??? Perhaps the verbage which follows that line explains it, but it reads nonsensical to me.

    As I read that crummy bill it appears that it was written by a child of some MERS official.

    If you are an atty please contact me at sendsteve.s@gmail.com…”livinglies” in subject line…thanks

  5. Phillip V.B., on October 1st, 2009 at 4:00 pm Said:

    Has anyone taken a closer look at Michigan House Bill 4453 with respect to an angle by which to litigate the note/mortgage separation? I have a client ready to proceed on this theory.

  6. steve sinacola, on July 1st, 2009 at 11:07 am Said:

    Michigan new foreclosure laws go into effect 7/5/09. Sec 3204 part D reads “The party foreclosing the mortgage is either the owner of the indebtedness or of an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgages”. Another nugget from the same section reads ” If a mortgage is given to secure the payment of money by installments, each of the installments mentioned in the mortgage after the first shall be treated as a separate and independent mortgage. The mortgage for each of the installments may be foreclosed in the same manner and with the same effect as if a separate mortgage were given for each subsequent installment. A redemption of a sale by the mortgagor has the same effect as if the sale for the
    installment had been made upon an independent prior mortgage.” I am not sure what this means. I know I dont like it

    http://www.legislature.mi.gov/documents/2009-2010/publicact/pdf/2009-PA-0029.pdf

  7. Cindy, on April 28th, 2009 at 8:22 pm Said:

    john where is this information please contact me at cgracegargan@wideopenwest.com Thanks

  8. Martin F, on April 20th, 2009 at 4:43 pm Said:

    John, where can I find the link for this one? THX

  9. john mentag, on April 2nd, 2009 at 2:27 pm Said:

    April 2 the Michigan House & Senate approved bills placing a 90 hold on foreclosures. During the hold period, modification efforts are required following FDIC’s plan. By the way, anyone can download the Excel file and run an analysis to see if you qualify.

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