A big shout out to attorney Paul Nicoletti for an imaginative legal argument that is halting evictions and foreclosures in Wayne County.
Mr. Nicoletti has found that deputies conducting foreclosure sales, were not deputized by the Sheriff, as required by Michigan law.
Therefore, the foreclosure sales were not valid, did not transfer title to the home from the homeowner back to the mortgage company, so the homeowner cannot be evicted by the mortgage company.
Mr. Nicoletti has succeeded in the Bankruptcy Court for the Eastern District of Michigan, in an adversary proceeding against Wells Fargo in having a Wayne County foreclosure sale set aside.
He has also succeeded in winning eviction cases against mortgage companies trying to evict homeowners after foreclosure sales.
Mr. Nicoletti proved that the “deputy” who conducted the sale had not been appointed by the Sheriff of Wayne County. Someone else had signed the appointment “for” the Sheriff.
The Taylor district court held that made the sale invalid, as Michigan law provides that ONLY the Sheriff can appoint a deputy.
This prevented the mortgage company from evicting the homeowner.
The Garden City district court has made the same ruling, keeping another homeowner in his home.
So, if you want to stay in a home that has been foreclosed, check the paperwork on who conducted the sale, and, make sure a sale was actually conducted. Then check for the document appointing the deputy who conducted the sale.
If you need help, contact an attorney!
Popularity: 15% [?]
Related posts:
- What Happens In A Michigan Foreclosure? Foreclosure is the way the mortgage company takes your house...
- Top Ten Things To Do When You Get A Foreclosure Notice 1. Keep the foreclosure notice! 2. Write to the address...
Related posts brought to you by Yet Another Related Posts Plugin.
