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.