Kubicki v. Mortgage Electronic Registration Systems

In this action to set aside a sheriffs foreclosure sale, plaintiff appeals as of right the circuit court’s order granting summary disposition in favor of defendants under MCR 2.116(C)(10) (no genuine issue of material fact). We affirm the order of the circuit court.

On appeal, plaintiff asserts that the sheriffs deed on mortgage foreclosure (Sheriffs Deed) executed by Matthew J. Chodak fraudulently misrepresents that Chodak is a “deputy sheriff.” According to plaintiff, Chodak is not a sheriff, an undersheriff, or a deputy sheriff, as required by the Michigan mortgage foreclosure statute, MCL…