Plaintiffs v Foreclosures in Wayne County, Michigan

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Class-Action Lawsuit Against Foreclosures in Wayne County, Michigan Challenges Legality

Case ID: 5660
Category: Miscellaneous
 
Last Update: 11/11/2009
Country:
 

A "hyper-technical" lawsuit filed by Bloomfield Hills attorney Paul Nicoletti claims that several foreclosures in Wayne County -- and potentially hundreds of thousands across the state -- were illegal.

The Detroit News reports Nicoletti filed a class-action lawsuit in federal court in an attempt to set aside the foreclosures of 46 plaintiffs in Wayne County.

The complaint charges that, by law, the county sheriff is required to appoint the deputy who executes deeds given to buyers of foreclosed properties sold by the court. But, as regularly happens in most counties across the state, the Wayne County under-sheriff signed the appointment of the deputy involved in the 46 foreclosures in question.

Nicoletti told the News his argument is "hyper-technical," but says the case is a matter of "due process."

Opponents charge, however, that a technical error doesn't change that process, and that this suit is probably giving "false hope" to people.

Moreover, even If the foreclosures are set aside, there's still a chance the judge would reinstate plaintiffs' mortgages, and most would be right back where they started: in debt that they had no hope of servicing.

For more information please contact:
Paul Nicoletti
Nicoletti & Associates, P.C.
39520 Woodward Avenue, Suite 200
Bloomfield Hills, Michigan

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