Categories: Michigan Supreme Court Opinions

RUBY v. FINANCIAL SERVICES, 480 Mich. 1107 (2008)

RUBY ASSOCIATES, P.C., Plaintiff-Appellant, v. SHORE FINANCIAL SERVICES, d/b/a SHORE MORTGAGE, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and COMERICA, INC., Defendants-Appellees.

No. 134033.Supreme Court of Michigan.
March 19, 2008.

Court of Appeals No. 266312.

Summary Dispositions March 19, 2008.

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate in part the judgment of the Court of Appeals insofar as that court concluded that plaintiffs lis pendens was invalid, and we affirm the Oakland Circuit Court’s February 10, 2005, opinion and order granting summary disposition in defendants’ favor. The circuit court correctly concluded that, regardless of the validity of the Us pendens, any rights that plaintiff held under the Us pendens merged into — and were extinguished by — the quitclaim deed. Accordingly, both lower courts correctly held that, because plaintiff failed to exercise its right of redemption, plaintiff’s rights to the property were extinguished when the redemption period expired and the foreclosure became final. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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