Townsend v. Chase Manhattan Mortgage Corp.

Plaintiff appeals from an order of the circuit court granting summary disposition to defendant on plaintiffs complaint to set aside a foreclosure sale. We reverse and remand.

Plaintiff and his mother, Donna Townsend, purchased certain real property in Calhoun County “as joint tenants with full rights of survivorship” on August 7, 1995. For reasons not readily apparent, Mrs. Townsend alone executed a mortgage on that same date in favor of Amerifirst Home Mortgage. Plaintiff was not a party to the mortgage. Thereafter, Amerifirst transferred its interest to defendant.

Following Mrs. Townsend’s…