http://www.thelegality.com/2008/01/28/word-of-the-week-void-ab-initio/ An Online Law Journal Mon, 30 Jan 2012 00:55:34 +0000 hourly 1 http://wordpress.org/?v=3.1.2 http://www.thelegality.com/2008/01/28/word-of-the-week-void-ab-initio/comment-page-1/#comment-3425 Foreclosure by Advertisement? | Fraser Trebilcock Lawyers Blog Thu, 10 Nov 2011 20:25:16 +0000 http://www.thelegality.com/archives/15#comment-3425 [...] The Michigan Supreme Court heard arguments today on whether it should grant an application for leave to appeal from and reverse the Michigan Court of Appeals April 21, 2011 opinion in Residential Funding Co. LLC v. Saurman ["Saurman"] which held that Mortgage Electronic Registration Systems ["MERS"], a “nominee” [agent] of a lender and holder of a mortgage, lacked the legal authority to foreclose upon that mortgage by advertisement under Michigan law. Saurman held that because MERS failed to meet the statutory requirements for foreclosure by advertisement, the MERS foreclosures were void ab initio. [...] [...] The Michigan Supreme Court heard arguments today on whether it should grant an application for leave to appeal from and reverse the Michigan Court of Appeals April 21, 2011 opinion in Residential Funding Co. LLC v. Saurman ["Saurman"] which held that Mortgage Electronic Registration Systems ["MERS"], a “nominee” [agent] of a lender and holder of a mortgage, lacked the legal authority to foreclose upon that mortgage by advertisement under Michigan law. Saurman held that because MERS failed to meet the statutory requirements for foreclosure by advertisement, the MERS foreclosures were void ab initio. [...]

]]> http://www.thelegality.com/2008/01/28/word-of-the-week-void-ab-initio/comment-page-1/#comment-603 Mark D'Souza Fri, 23 May 2008 07:43:21 +0000 http://www.thelegality.com/archives/15#comment-603 Jeff, is there any difference between a 'void' contract and a contract that is 'void ab initio'? Is a court's declaration required for either (or both) before the contract can be treated as a nullity in its entirity, including, for example, a choice of exclusive jurisdiction clause? In other words, if a court's declaration is required, which court will have jurisdiction to make such a declaration where the assailed contract includes an exclusive jurisdiction clause? Jeff, is there any difference between a ‘void’ contract and a contract that is ‘void ab initio’? Is a court’s declaration required for either (or both) before the contract can be treated as a nullity in its entirity, including, for example, a choice of exclusive jurisdiction clause? In other words, if a court’s declaration is required, which court will have jurisdiction to make such a declaration where the assailed contract includes an exclusive jurisdiction clause?

]]> http://www.thelegality.com/2008/01/28/word-of-the-week-void-ab-initio/comment-page-1/#comment-256 JosephSHaas at hotmaildotcom Wed, 19 Mar 2008 15:20:07 +0000 http://www.thelegality.com/archives/15#comment-256 Thanks Jeff, and especially for that "unfair" word in paragraph #3, defined as "Not just", and just meaning: Legitimate, as "In compliance with the law" from the Latin word legitimus, lawful, legal; and so when one of the parties to the agreement is not legal, then they are a trespasser ab initio from the start. See an example of this over at http://www.answers.com/topic/ab-initio for how "to correct abuses by public officers": file criminal +/or civil trespass charges against them. Thank you "very" much! Thanks Jeff, and especially for that “unfair” word in paragraph #3, defined as “Not just”, and just meaning: Legitimate, as “In compliance with the law” from the Latin word legitimus, lawful, legal; and so when one of the parties to the agreement is not legal, then they are a trespasser ab initio from the start. See an example of this over at http://www.answers.com/topic/ab-initio for how “to correct abuses by public officers”: file criminal +/or civil trespass charges against them. Thank you “very” much!

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