Real Property Notes Blog
Redemption Calculation Fees Capped at $250
In Public Act 130 of 2019, a revision to the foreclosure by advertisement statute that took effect November 21, 2019, the amount that a foreclosure sale purchaser can charge to calculate the amounts needed to redeem has been capped at $250. Previously, the statute stated that the purchaser could charge a “reasonable” fee, but some purchasers were taking advantage of the leeway, charging as much as $3,000 to calculate a redemption amount.
Litigation over Obstructed View Becomes Moot when Plaintiff Sells the Property
In Allen v McDowell, an unpublished Michigan Court of Appeals case, the Plaintiff sued because the defendants purchased a vacant lot next to Plaintiff’s home and began building their home. Plaintiff alleged that his home was rendered unlivable because the new construction blocked his view of the West Grand Travers Bay. He sought injunctive relief. Curiously, the opinion does not report the trial court’s resolution of the proceedings, but the opinion designates the Plaintiff as appellant, suggesting that he lost in the trial court.
During the pendency of the appeal, Plaintiff sold his home. Because of that, and because he sought only injunctive relief, his case became moot. Because he no longer owns his home, he has no view to block and it is impossible for the court to craft an injunction to preserve his view. His appeal was dismissed.
Generally, an owner has no right to or guarantee of an unobstructed view across another’s property, but property owners can negotiate view easements.