Nicoletti & Associates has successfully challenged in the District Court and affirmed on appeal, where the Lender failed to comply with MCL 600.3240, by including the incorrect redemption period in the mortgage foreclosure sale notice.

Sheriff's Sale has been successfully challenged in the District Court and affirmed on appeal, where the Lender failed to comply with MCL 600.3240, by including the incorrect redemption period in the mortgage foreclosure sale notice.

Bellestri Case - Prevents a Lender from transferring the Note separate from the Mortgage

The Bellistri case, 284SW 3d 619

Class Action Hearing

Class Action Hearing on 80,000 Illegal Foreclosure

POLITICAL CANDIDATES PLEDGE TO STOP FORECLOSURES

Candidates pledge to stop foreclosures.

36th District Court grants Defendant, Leon Glover's Motion for SD

The latest in a long line of victories, involves a case being handled by Trott & Trott, named Bank of New York v. Ruth Ingram, Case No. 10-307892-LT. On 9/27/10, Hon. Beatrice Pennie Millender granted Defendant, Leon Glover's Motion for Summary Disposition and at the same time, denied Trott & Trott's Motion for Summary Disposition.

Hon. Beatrice Pennie Millender's landmark ruling was intended to reslove the split decisions over the issue of whether former Sheriff, Warren C. Evans had improperly appointed Deputy Sheriff's to conduct Sheriff's Sales.

Hon. Beatrice Pennie Millender's decision specifically resolved and decided the issue in favor of the Defendant, Leon Glover (a Land Contract Vendee) and held that 1) A Special Deputy Sheriff Appointment must be made bby the Sheriff (Warren C. Evans) and not by the Undersheriff; and 2) That when the Appointment states "...during the year ending December 31, 2012" tthat the appointment is only for the year 2012 and it does not run from the date the Appointment was notarized.

For more details feel free to email paul@nicoletti-associates.com.

52-2 DISTRICT COURT DISMISSES SUMMARY PROCEEDING BASED UPON INCORRECT REDEMPTION PERIOD

On September 9, 2010, Hon. Kelley Kostin issued her ruling that resulted in the dismissal of summary proceedings filed by The Bank of New York. The ruling was based upon The Bank of New York's failure to include the appropriate redemtion period (1 year vs. 6 mos.) in the mortgage foreclosure and related documentation. This decision illustrates the importance of checking every detail with regard to how lenders conduct the mortgage foreclosure sales. The bottom line is that the Lender cannot take possession of the real property or maintain an eviction proceeding based upon the invalid sale. The Bank of New York v. Jennifer L. Cheff, Case No. 10-C03249-LT, 52-2nd District Court, Clarkston, MI.

WARREN EVANS TENDERS HIS RESIGNATION FOLLOWING CLASS ACTIONS SUIT FOR 10 BILLION DOLLARS

Warren Evans tenders his resignation today following Sheriff's Sale scandal.