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Charter One v. Metzler, 36th District Court - Davenport Issue

Posted by Angela Tripp at Apr 28, 2011 02:45 PM |

From Tammy Howze, Michigan Legal Services foreclosure attorney: Attached is an Opinion and Order by Judge Izetta Bright of the 36th District Court.  She ruled in Tammy's client's favor regarding the Davenport issue.  Charter One began foreclosure proceedings by publication one day before they were assigned the mortgage  in violation of the Michigan Foreclosure by Advertisement Act.  Of course, they submitted an affidavit from a vice president saying the lender owned the indebtedness several years prior to the foreclosure.  After a few adjournments, three briefs from me, two from opposing counsel and oral arguments, we were finally granted the order to dismiss the case and set aside the sheriff’s sale. 

Great work, Tammy! Read the full Metzler opinion in the Advocate Library.

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