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Contact Information:
Edward S. Kisscorni, CPA
290 Suncrest Court, SW
Grandville, MI 49418

Office: 616/233-0667
Cell: 616/443-6730
Fax: 616/233-0667




Tuesday, January 25 2011

Due Process Rights Were Not Violated in Action for Title to Property

In Wolverton v. Cass County Treasurer, Michigan Court of Appeals, No. 296002, January 18, 2011which was an action for title to real property that was foreclosed for unpaid local Michigan property taxes, the Court of Claims, not the county circuit court, had original and exclusive jurisdiction to hear and decide a party's claim that she did not have notice of the foreclosure when she purchased the property and was unsuccessful in recording the deed.  The Court of Claims had exclusive and original jurisdiction for any action to recover money damages for lack of notice, and the exclusive statutory remedy for a failure to receive notice in a tax foreclosure action was an action to recover money damages.  Accordingly, the circuit court properly concluded that there was no due process violation that the purchaser of the property could argue and denied the purchaser's motion for reconsideration.

Furthermore, the property purchaser's due process rights were not violated when she was prevented from paying all delinquent property taxes in order for her to record the deed to the property and obtain clear title to the property.  There was no evidence that the county treasurer unlawfully prevented the purchaser from paying the outstanding taxes and fees in violation of her due process rights. The purchaser of the property had an opportunity to pay the outstanding taxes and take advantage of the redemption period but did not do so before the statutorily imposed deadline.

Posted by: Ed Kisscorni AT 10:47 am   |  Permalink   |  0 Comments  |  Email

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