By Lauren Saad, Segal McCambridge Singer & Mahoney, Ltd.
cases suggest that a mortgagee may revive a foreclosed mortgage by
simply recording an affidavit under MCL 565.451a which rescinds or
“expunges” the sheriff’s sale—even, in some instances, after the
redemption period has expired. In Connolly v. Deutsche Bank Nat’l Trust Co., 581 Fed App 500 (6th Cir 2014) the court reviewed various cases and characterized Michigan law as “consistently accept[ing] an affidavit expunging a sheriff’s sale,” therefore upholding the validity of the affidavit at issue. The court reviewed Freund v. Trott & Trott, PC (Mich App No. 299011, October 25, 2011, unpublished) (affidavit recorded after expired redemption period fully reinstated mortgage), and Cordes v. Great Lakes Excavating & Equip. Rental Inc., (Mich App No. 304003, June 7, 2012, unpublished) (upholding affidavit in an erroneously recorded mortgage discharge). Read More or Comment