Sallie v. Fifth Third Bank

Plaintiff appeals as of right the circuit court’s order granting summary disposition in favor of defendant Fifth Third Bank in this mortgage foreclosure dispute. Because defendant was able to pursue foreclosure as a remedy for plaintiffs default on the mortgage notwithstanding its loss of the underlying promissory note, we affirm.

*117In August 2000, plaintiff and his now-deceased wife borrowed $63,665.32 from Old Kent Bank and granted the bank a mortgage on their home as security for the loan. In 2001, Old Kent Bank merged with defendant, and, in 2003, plaintiffs wife died. Plaintiff defaulted on…