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  2. Cornell Peter and Stephanie Nolan School of Hotel Administration
  3. Cornell Real Estate Review
  4. CRER Vol. 14 (2016)
  5. A Lender's Vorpal Sword: Expungement Affidavits & Their Power to Void Sheriff's Sales & Revert Mortgages Back to the Homeowner

A Lender's Vorpal Sword: Expungement Affidavits & Their Power to Void Sheriff's Sales & Revert Mortgages Back to the Homeowner

File(s)
Expungement_Affidavits.pdf (1.6 MB)
Permanent Link(s)
https://hdl.handle.net/1813/70767
Collections
CRER Vol. 14 (2016)
Author
LaBar, Joshua
Abstract

Like many Americans across the country, Michigan residents have faced a staggering number of foreclosures in the last few years.2 In 2009, Laura Buttazzoni was one of the many Michigan homeowners facing the dire reality that she was going to lose her home.3 After Buttazzoni’s failed attempt to sell her home, her bank initiated a sheriff’s sale in late 2009.4 After the statutory redemption period expired,5 Fannie Mae evicted Buttazzoni and relisted the home in 2011.6 Even though Buttazzoni’s home was foreclosed, sold at a sale, and relisted on the market—she was not done with the property. In June 2012, nearly three years after Buttazzoni’s eviction, Fannie Mae executed an “expungement affidavit,” which voided the 2009 sheriff’s sale and reverted the mortgage back to Buttazzoni’s name.

Journal / Series
Cornell Real Estate Review
Volume & Issue
Vol. 14
Date Issued
2016-06-01
Keywords
Cornell
•
real estate
•
Joshua LaBar
•
affidavits
•
expungement
•
judgement
•
cure
•
default
•
expunge
•
lender
•
court
•
property
•
lien
•
foreclosure
•
michigan
•
homeowner
•
sale
•
sheriff's sale
•
statute
•
void
•
case
•
execute
Related Version
Final version published as: LaBar, J. (2016). A lender's vorpal sword: Expungent affidavits & their power to void sheriff's sales & revert mortgages back to the homeowner. Dartmouth law journal, 14(1), 1-43.
Related To
https://www.dartmouthlawjournal.org/archives/Dartmouth%20Law%20Journal%20Vol.14.1%20Spring%202016.pdf
Rights
Required Publisher Statement: © Dartmouth Law Journal, excerpt printed by permission.
Type
article

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