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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

In <em> <a href="http://coa.courts.mi.gov/documents/opinions/final/coa/20120619_c302554_42_302554.opn.pdf" target="_blank" rel="noreferrer noopener">Sallie v. Foreclosure Management Co.</a></em>, the Michigan Court of Appeals held that a bank may foreclose on real property by advertisement even when it is unable to produce the promissory note. The Court found that the mortgage was properly recorded, was in default, and contained a power of sale. The Court also found that the defendant was the true owner of the note and had not brought any other action to collect on the mortgage. Because of this the Court found that there was no risk that the plaintiff would face multiple collections on the debt, so foreclosure by advertisement was proper. Accordingly, the Court of Appeals upheld the trial court's granting of summary disposition.

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COA Opinion: Bank may foreclose by advertisement even when the mortgage note is lost

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