Kubicki v Mortgage Electronic Registration Systems et al.

County Sheriff May Appoint Special Deputies by Written Agreement to Execute Foreclosures


In this case, the Michigan Court of Appeals found nothing improper in a signed agreement by a county sheriff and a process serving company wherein the president of the process serving company was appointed a special deputy for purposes of executing foreclosures. This case has some bearing on special deputation by county sheriffs to execute foreclosures, the Michigan foreclosure statute, MCL 600.3216, and a County Sheriff’s authority to appoint special deputies under MCL 51.70. Here a written agreement between the county sheriff and the process serving company included the description of selling lands on the foreclosure of a mortgage as part of the definition of “civil process”. The Court held that the agreement was sufficient to satisfy the meaning of MCL 51.70 for special deputation. If you have any questions regarding this case, please do not hesitate to contact me. I represent sheriffs throughout Michigan and am intimately familiar with the constitutional office of county sheriff, which is uniformly reposed with common-law and statutory duties to uphold and enforce the law on behalf of the state in those states in which it is named as a constitutional officer.

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Published In: Civil Procedure Updates, Civil Rights Updates, Residential Real Estate Updates, Consumer Protection Updates, Commercial Real Estate Updates

Reference Info:Decision | State, 6th Circuit, Michigan | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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