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

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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

By Joshua LaBar
Michigan State University College of Law

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.

A Lenders Vorpal Sword_ Expungement Affidavits & Their Power To by DinSFLA on Scribd

Recommended Citation LaBar, J. (2016). A lender’s vorpal sword: Expungement affidavits & their power to void sheriff’s sales & revert mortgages back to the homeowner. Cornell Real Estate Review, 14(1), 30-39 . Retrieved from http://scholarship.sha.cornell.edu/crer/vol14/iss1/16

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One Response to “A Lender’s Vorpal Sword: Expungement Affidavits & Their Power to Void Sheriff ‘s Sales & Revert Mortgages Back to the Homeowner”

  1. Julien says:

    What happens to the people that bought the house after the foreclosure happened? It doesn’t seem right to give someone that long to redeem a lost property.

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