Sheriff Ceases Sales & Enforcement of MERS Foreclosures
This applies to all Mortgage Electronic Registration Systems foreclosures, with a few exceptions.
NOTICE REGARDING MERS FORECLOSURES
May 13, 2011
Recently, the Michigan Court of Appeals rendered its decision in Residential Funding Co., LLC v. Saurman, 2011 Mich. App. LEXIS 719 (Mich. Ct. App. Apr. 21, 2011), the Washtenaw County Sheriff’s Office will immediately cease all sales and enforcement of MERS foreclosures by advertisement unless one of the following conditions exists:
1. MERS is not the sole foreclosing party as disclosed by the Affidavit of Publication and the Sheriff’s Deed. Such documents must list the name of the lender which holds the debt itself and that entity will be named on the Deed; or
2. MERS is the only foreclosing party and there is recorded documentation that MERS holds not only the security interest but the underlying debt as well.
On April 21, 2011, the Michigan Court of Appeals rendered the decision of Residential Funding Co., LLC v. Saurman, 2011 Mich. App. LEXIS 719 (Mich. Ct. App. Apr. 21, 2011) which invalidated certain foreclosures by advertisement initiated by the Mortgage Electronic Registration Service (MERS). The Court also indicated that such proceedings were “void ab initio” and thus enforcement of foreclosures which have already occurred will also be suspended. If the Michigan Supreme Court or the Michigan Legislature takes some action to reverse or modify the decision of the Michigan Court of Appeals, this Office will revisit these issues.
For more information, contact James Damron at 734-973-4937.