Michigan Supreme Court, 1932

Robulus v. American State Bank

Robulus v. American State Bank
Michigan Supreme Court · Decided April 4, 1932 · McDonald, Clark, Potter, Sharpe, North, Pead, Wiest, Butzel
241 N.W. 831; 258 Mich. 21; 1932 Mich. LEXIS 1209 (North Western Reporter)

Robulus v. American State Bank

Opinion of the Court

McDonald, J.

The mortgage was given by the plaintiff and Leonidas Polites, both residents of the city of Detroit but the mortgaged property is located in the city of Dearborn. Foreclosure was by -advertise *22 ment. There is no charge in the bill that, in the proceedings, the statute was not strictly followed. No irregularity, is charged. The sole theory of the plaintiff’s case is that he was not served with notice of foreclosure, and that he supposed the mortgagee would not undertake such proceedings without notifying him.

The mortgage contained the usual power of sale. The statute authorizing foreclosure by advertisement does not require actual notice to the mortgagor. It only provides for publication and the posting of notice on the premises. 3 Comp. Laws 1929, § 14427. As the plaintiff bases his case solely on the ground that he received no actual notice, his bill was properly dismissed.

The decree is affirmed, with costs to the defendants.

Clark, C. J., and Potter, Sharpe, North, Pead, Wiest, and Butzel, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.