in Re Petition of Ingham County Treasurer

• Court: Michigan Supreme Court
• Decided: May 21, 2014
• Docket: 147661
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 21, 2014 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 147661 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, In re PETITION OF INGHAM COUNTY Justices TREASURER FOR FORECLOSURE OF SC: 147661 CERTAIN PARCELS OF PROPERTY DUE TO COA: 312547 UNPAID 2009 and PRIOR YEARS’ TAXES, Ingham CC: 11-000675-CZ INTEREST, PENALTIES, and FEES.

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On order of the Court, the application for leave to appeal the July 24, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Ingham Circuit Court for consideration of whether the petitioners were given adequate notice prior to the foreclosure of the property. See In re Petition by Wayne Co Treasurer, 478 Mich 1, 8, 10 (2007) (holding that MCL 211.78k(6) deprives the circuit court of jurisdiction to alter a judgment of foreclosure, but that such a rule could, in some cases, violate a person’s constitutional right to due process).

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. May 21, 2014 s0514 Clerk