Dennis Stewart - Page 5




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          various other entities and individuals regarding Fleet’s                    
          foreclosure on the Emerson house.                                           
               We shall not painstakingly recount in its entirety                     
          petitioner’s litigation against Fleet and various other entities            
          and individuals.  To briefly summarize, the Circuit Court for the           
          County of Kent, Michigan, and the U.S. District Court for the               
          Western District of Michigan (twice) decided against petitioner             
          every issue raised by him in each of his lawsuits (including                
          whether Fleet was a holder in due course with respect to                    
          petitioner’s mortgage and was entitled to foreclose on the                  
          Emerson house).  The Michigan Court of Appeals affirmed the order           
          of the Circuit Court for the County of Kent and the U.S. Court of           
          Appeals for the Sixth Circuit (twice) affirmed the judgments of             
          the U.S. District Court.  Stewart v. Fleet Fin., 229 F.3d 1154              
          (6th Cir. 2000) (table); Stewart v. Fleet Fin. Group, 129 F.3d              
          1265 (6th Cir. 1997) (table); Stewart v. Birmingham Mortgage                
          Corp., No. 190235, 1998 WL 1993019 (Mich. Ct. App. Feb. 3, 1998).           
               Petitioner’s argument that the proceeds of the foreclosure             
          on the Emerson house should have paid off the liabilities at                
          issue is unpersuasive.  Petitioner failed to raise a spousal                
          defense, make a valid challenge to the appropriateness of                   
          respondent’s intended collection action, or offer alternative               
          means of collection.  These issues are now deemed conceded.  Rule           
          331(b)(4).  Accordingly, we sustain respondent’s determination to           






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