IF YOUR HOUSE WAS FORECLOSED – YOU MAYBE ABLE TO STAY IN YOUR HOME AND PURSUE CLAIMS UNDER A RECENT MICHIGAN COURT OF APPEALS DECISION
A decision issued by the Mich. Court of Appeals on April 21, 2011, Residential Funding Co, LLC v Saurman, invalidated the foreclosure by advertisement sales in those cases because MERS was not the owner of the mortgage debt. This means that many foreclosure sales by MERS, if not all, may be invalid. MERS stands for Mortgage Electronic Registration System.Tweet
At present, if your home was foreclosed, you are probably functioning under the assumption that you have 6 months from the date of the foreclosure sale to either redeem the property or vacate. If you do not vacate, typically, the lender institutes eviction proceedings in the District Court where you reside to force you out. THIS NEW CASE (UNLESS IT IS REVERSED OR A NEW LAW IS PASSED) MAY GIVE YOU A DEFENSE TO THE EVICTION PROCEEDING THAT YOU SHOULD BE AWARE OF. If successful, the foreclosure may be voided and the lender would have to start the entire process over if it wishes to foreclose and recover the property.
You need to determine if this new decision applies to you. If it does, we can provide cost effective assistance to help you stay in your home. More important, many people missed opportunities to modify their mortgage and stay in their home by not have proper representation when facing foreclosure. If we are able to assist you in setting aside the foreclosure, more opportunities to retain the home can be explored. You must act immediately, before it is too late. The time to act is now and the stakes are very great. Please call us today to schedule an immediate free consultation. Call Toll Free at 1-888-235-4357 (HELP). We look forward to meeting and helping you.Tweet