Kent v. Pipia

Holbrook, Jr., J.

This is a foreclosure action arising out of defendant’s breach of a May 20, 1986, land contract to purchase plaintiffs’ property located at 125 South Washington in Oxford, Michigan. Defendant appeals as of right an Oakland Circuit Court order dated March 29, 1989, granting plaintiffs’ motion for summary disposition, pursuant to MCR 2.116(0(10). On appeal, defendant claims foreclosure was improper since at the time plaintiffs’ complaint was filed defendant was not in default within the land contract’s acceleration period. We agree.

On May 20, 1986, plaintiffs conveyed property…