Ramifications Of Greenville Lafayette V. Eligin

Law360, New York (April 30, 2012, 12:19 PM EDT) -- On April 17, 2012, the Michigan Court of Appeals, Michigan’s intermediate appellate court, issued its opinion in Greenville Lafayette LLC v. Elgin State Bank (Case No. 308450), which reversed a decision of the Montcalm County Circuit Court on the scope of Michigan’s “one action” rule applicable to mortgage foreclosure by advertisement proceedings, MCL 600.3204(1)(b).

This statutory provision prohibits the commencement and continuation of foreclosure by advertisement proceedings when “an action or proceedings, at law” have been instituted “to recover the debt secured by the mortgage or...
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