October 2015

By Jessica Hallmark, Banas & Assocs. PLLC

When homeowner David Shoemaker protested the removal of a tree from the curb strip between the adjacent sidewalk and street, city workers said he didn't own the curb strip. So he stopped mowing it. The city sent numerous ordinance violation notices and then a $600 invoice for mowing costs and fines, which became a tax lien that was paid from his mortgage escrow. After Shoemaker prevailed in a federal lawsuit against the city, the 6th Circuit reviewed his claims for procedural and substantive due process violations and reverse. Shoemaker v. City of Howell, (CA6 No. 13-2535, July 29, 2015). Read More or Comment

By Glen M. Zatz, Bodman PLC

In Michigan, when a mortgagee becomes the fee owner, the former estate is merged in the latter. But there is no merger if the mortgagee wants to keep the mortgage alive and if the rights of the mortgagor or third persons are not affected. In Reserve at Heritage Vill. Ass'n v. Warren Fin. Acquisition (305 Mich App 92 (2014)) the court applied this rule to invalidate a mortgage foreclosure. Read More or Comment

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Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

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We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Mike Luberto at mluberto@Chircotitle.com for suggested topics and ideas.