- 11 - Helvering v. Hammel, 311 U.S. 504 (1941). We therefore turn to that matter. 4. Foreclosure Loss Petitioner contends that the foreclosure loss occurred in 1997 because “That’s when the bank came and said: 'This is my building now'.” Respondent contends that the loss occurred in 1996, the year in which the period of redemption expired and the sheriff’s deed became final. In Michigan, the period of redemption from a foreclosure sale depends on a number of factors, including the type and size of the property, the date of the mortgage, and the amount of the debt owed. As applicable herein, a 6-month period of redemption applies for mortgages executed on or after January 1, 1965, on multifamily residential property in excess of four units and not more than 3 acres in size if more than two-thirds of the mortgage debt remains outstanding. Mich. Comp. Laws Ann. sec. 600.3240(7), (8) (West 2000). Because the right to redeem is statutory, the redemption period may not be extended by a court, absent unusual circumstances such as fraud. Flynn v. Korneffel, 451 Mich. 186, 207 (1996); see Cameron v. Adams, 31 Mich. 426, 428 (1875) (refusing to extend the redemption period despite the fact that the mortgagor had paid part of the redemption amount and a serious illness had prevented him from conducting his personalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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