foreclosure hearing (Michigan) · Go Syfert
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foreclosure hearing in Michigan

9 Michigan opinions name it 2 courts 1996–2025 4 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Peterman v. Department of Natural Resourcesgreen
mich · 1994 · cited in 2 Michigan opinions naming this issue, 2020–2020
2 sentences

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

22
Fidlin v. Collisongreen
michctapp · 1967 · cited in 2 Michigan opinions naming this issue, 2020–2020
2 sentences

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

22
Barnard Manufacturing Co. v. Gates Performance Engineering, Inc.green
michctapp · 2009 · cited in 1 Michigan opinions naming this issue, 2023–2023
1 sentence

2023See Barnard Mfg, 285 Mich App at 370 (stating that, if the moving party fails to properly support its motion, the nonmoving party has no duty to respond and the trial court should deny the motion).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Dean v. Department of Natural Resources green
mich · 1976
2 sentences

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

22020–2020
Paul v. City of Detroit green
· 1875
2 sentences

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

22020–2020
City of Detroit v. Walker green
mich · 1994
2 sentences

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

2020During the redemption period, 94 Detroit v Walker, 445 Mich 682, 701-704 ; 520 NW2d 135 (1994) (explaining that citizens have a duty to pay their taxes and that the Legislature may enact procedural schemes “to secure taxes owed”); Peterman, 446 Mich at 184 (“ ‘[I]t can never be lawful to compel any man to give up his property, when it is not needed, or to lose it, whether needed or not, without being made whole.’ ”), quoting Paul, 32 Mich at 119 ; see also Fidlin v Collison, 9 Mich App 157, 167 ; 156 NW2d 53 (1967) (holding that under the GPTA’s provision allowing seizure of personal property

22020–2020
In Re PETITION BY WAYNE COUNTY TREASURER green
mich · 2007
2 sentences

2025Finally, MCL 211.78i(10) provides that the failure of the foreclosing governmental unit to comply with any provision of this section does not invalidate any proceeding under this act if the person with a property interest is notified of the show cause hearing under section 78j and the foreclosure hearing under section 78k consistent with the minimum due process required under the state constitution of 1963 and the Constitution of the United States. [Emphasis added.] Our Supreme Court has held that the Legislature cannot create a statutory scheme in the GPTA that allows a property owner to be d

2025Finally, MCL 211.78i(10) provides that the failure of the foreclosing governmental unit to comply with any provision of this section does not invalidate any proceeding under this act if the person with a property interest is notified of the show cause hearing under section 78j and the foreclosure hearing under section 78k consistent with the minimum due process required under the state constitution of 1963 and the Constitution of the United States. [Emphasis added.] Our Supreme Court has held that the Legislature cannot create a statutory scheme in the GPTA that allows a property owner to be d

12025–2025
Mitchell v. Dahlberg green
michctapp · 1996
1 sentence

2022Id.

12022–2022
Stringer v. Gamble green
mich · 1909
1 sentence

2022Degen v Degen’s Estate, 80 Mich App 573, 581-582 ; 264 NW2d 64 (1978), relying upon Stringer v Gamble, 155 Mich App 295 , 300; 118 NW 979 (1909).

12022–2022
Degen v. Oliveto green
michctapp · 1978
2 sentences

2022Degen v Degen’s Estate, 80 Mich App 573, 581-582 ; 264 NW2d 64 (1978), relying upon Stringer v Gamble, 155 Mich App 295 , 300; 118 NW 979 (1909).

2022Degen v Degen’s Estate, 80 Mich App 573, 581-582 ; 264 NW2d 64 (1978), relying upon Stringer v Gamble, 155 Mich App 295 , 300; 118 NW 979 (1909).

12022–2022
Kim v. Jpmorgan Chase Bank, Na green
mich · 2012
1 sentence

2014Kim, 493 Mich at 116 n 33.

12014–2014
Wayne County Treasurer v. Westhaven Manor Ltd. Dividend Housing Ass'n green
michctapp · 2005
2 sentences

2008The notice provisions in § 78i “are designed to ensure that those with an interest in the subject property are aware of the foreclosure proceedings so that they may take advantage of their redemption rights.” In re Petition by Wayne Co Treasurer, 265 Mich App 285, 292-293 ; 698 NW2d 879 (2005).

2008The notice provisions in § 78i “are designed to ensure that those with an interest in the subject property are aware of the foreclosure proceedings so that they may take advantage of their redemption rights.” In re Petition by Wayne Co Treasurer, 265 Mich App 285, 292-293 ; 698 NW2d 879 (2005).

12008–2008
Brownridge v. Michigan Mutual Insurance green
michctapp · 1982
2 sentences

1996Although "[a] voluntary dismissal with prejudice is a final judgment on the 'merits for res judicata purposes,” Brownridge v Michigan Mutual Ins Co, 115 Mich App 745, 748 ; 321 NW2d 798 (1982), the defense asserted by plaintiffs did not arise from the dismissed complaint, but from the arbitration.

1996Although "[a] voluntary dismissal with prejudice is a final judgment on the 'merits for res judicata purposes,” Brownridge v Michigan Mutual Ins Co, 115 Mich App 745, 748 ; 321 NW2d 798 (1982), the defense asserted by plaintiffs did not arise from the dismissed complaint, but from the arbitration.

11996–1996

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 211.1 (4) MI § Mich. Comp. Laws § 211.78g (4) MI § Mich. Comp. Laws § 211.78i (4) MI § Mich. Comp. Laws § 211.78j (4) MI § Mich. Comp. Laws § 211.78k (4) MI § Mich. Comp. Laws § 211.78 (3) MI § Mich. Comp. Laws § 211.78l (3) MI § Mich. Comp. Laws § 211.78n (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 17 (1967–2025) CT 14 (1991–2021) ME 13 (2013–2026) NY 13 (1986–2025) FL 12 (2006–2026) NC 11 (1994–2017) MI 9 (1996–2025) OH 8 (2013–2026) SC 7 (1993–2023) GA 6 (1974–2013) VT 6 (1908–2024) CA 6 (2013–2025) TX 6 (1995–2024) NM 5 (2006–2020) WI 5 (2013–2019) OR 4 (1988–2018) IN 4 (1978–2020) VI 3 (2013–2016) RI 3 (2003–2020) HI 3 (2023–2024) ND 2 (1962–1989) MD 2 (2000–2001) AL 2 (1993–2023) MT 2 (1911–1949) NJ 2 (2018–2020) SD 2 (1904–1931) MO 2 (1984–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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