The Michigan Supreme Court may weigh in on the question of whether Mortgage Electronic Registration Systems, Inc. (“MERS”) can use the foreclosure by advertisement statute. The Michigan Court of Appeals ruled in Residential Funding Co, Inc. v Saurman, — NW2d —, 2011 WL 1516819 (Mich. App. April 21, 2011), that MERS could not utilize the foreclosure by advertisement statute when it did not own the underlying note. (more…)
A recent Michigan Court of Appeals decision illustrates the ramifications of failure to fully disclose the presence of hazardous substances prior to the sale of real estate. The case of Alfieri v Bertorelli, — N.W.2d —-, 2011 WL 4949671 (Mich.App.) involved a condominium project built on a site previously used to manufacture pipe organs and picture frames. It also housed a cyanide based metal plating operation. (more…)
On January 10, 2012, the Court of Appeals entered an Order vacating its prior opinion of October 18, 2011. Accompanying the Order was a new opinion. That opinion is identical to the prior one with the exception of minor changes to the Court’s analysis on whether it was proper to provide a jury instruction on comparative fault. (more…)