e-Journal Summary

e-Journal Number : 61590
Opinion Date : 12/17/2015
e-Journal Date : 01/25/2016
Court : Michigan Court of Appeals
Case Name : Talbot v. Davis
Practice Area(s) : Real Property
Judge(s) : Per Curiam – Shapiro, O’Connell, and Wilder
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Issues:

Quiet title action; Beulah Hoagland Appleton Qualified Pers. Residence Trust v. Emmet Cnty. Rd. Comm’n; Effect of the plaintiffs’ failure to redeem the property after foreclosure; Bryan v. JPMorgan Chase Bank

Summary

Holding that the plaintiffs’ interest in the property at issue was extinguished when they failed to redeem it after foreclosure, the court affirmed the trial court’s order granting the defendant summary disposition in this quiet title action. The court noted that the plaintiffs had the burden of proof and had to make a prima facie case of title. Although the property was foreclosed on and the redemption period expired, they argued that they had “a continuing interest in the property, which is evidenced by a post-foreclosure assignment.” However, it was undisputed that they “fell behind in their payments, US Bank initiated foreclosure, US Bank purchased the property, US Bank was issued a sheriff’s deed, and plaintiffs failed to redeem the property.” Thus, their interest in it was extinguished and they could not make a prima facie showing of an interest in the property.

Full PDF Opinion