Foote v. City of Pontiac

Plaintiff appeals as of right from an order of the circuit court granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(8), for failure to state a claim upon which relief may be granted.

In 1979, plaintiff became a second mortgagee of a building located in Pontiac, Michigan. The second mortgage secured a $38,750 promissory note given to plaintiff by a third party on October 4, 1979. On October 10, 1979, the second mortgage was recorded with the Oakland County Register of Deeds.

On November 4, 1982, defendant held a hearing relative to the condition of a building on the…