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WILMINGTON SAVINGS FUND SOCIETY v. CLARE

No. 336715.

919 N.W.2d 420 (2018)

323 Mich.App. 678

WILMINGTON SAVINGS FUND SOCIETY, FSB, doing business as Christina Trust, as Trustee for Carlsbad Funding Mortgage Trust, by its Servicer, Rushmore Loan Management Services, LLC, Plaintiff-Appellant, v. Roger Duane CLARE and Nancy Jo Clare, Defendants-Appellees, and Mortgage Electronic Registration Systems, Inc., Defendant.

Court of Appeals of Michigan.

Decided April 19, 2018, at 9:05 a.m.

Attorney(s) appearing for the Case

Dickinson Wright PLLC (by K. J. Miller and Robert Avers ) for plaintiff.

Peterson & Calunas, PLLC (by Andrew G. Peterson ) for defendants.

Before: Stephens, P.J., and Shapiro and Ronayne Krause, JJ.

Defendants Roger and Nancy Clare (defendants) purchased a house financed through a mortgage issued by defendant Mortgage Electronic Registration Systems, Inc. (MERS), an entity in privity with plaintiff, Wilmington Savings Fund Society, FSB.1 The mortgagee foreclosed on the mortgage for nonpayment. Following an...

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