(f) Any other reason justifying relief from the operation of the judgment. In In re Wayne Co. Treasurer Petition, 478 Mich. 1, 5, 732 N.W.2d 458 (2007), our Supreme Court addressed constitutional concerns related to MCL 211.78k(6) after a church did not receive notice of a pending foreclosure because the county treasurer failed to comply with the notice provisions of the GPTA. The county treasurer sent notice to a previous owner and failed to post a notice on the property.
See In re Treasurer of Wayne Co. for Foreclosure (Perfecting Church) , 478 Mich. 1 (2007).[] 2 Crooked Creek , 505 Mich. at 865, 935 N.W.2d 44.
Questions of law, including questions of constitutional law, are also reviewed de novo. In re Petition by Wayne Co Treasurer, 478 Mich 1, 6; 732 NW2d 458 (2007). B. ANALYSIS
(f) Any other reason justifying relief from the operation of the judgment. In In re Petition by Wayne Co Treasurer, 478 Mich 1, 5; 732 NW2d 458 (2007), our Supreme Court addressed constitutional concerns related to MCL 211.78k(6) after a church did not receive notice of a pending foreclosure because the county treasurer failed to comply with the notice provisions of the GPTA. The county treasurer sent notice to a previous owner and failed to post a notice on the property.
"Under the GPTA, a 'foreclosing governmental unit shall file a single petition with the clerk of the circuit court of that county listing all property forfeited and not redeemed to the county treasurer under [MCL 211.78g] to be foreclosed under [MCL 211.78k] . . . .' " In re Wayne Co Treasurer Petition, 478 Mich 1, 9; 732 NW2d 458 (2007), quoting MCL 211.78h(1). "Before the hearing on the petition, the foreclosing governmental unit must provide proof of service of the notices required under the statute, as well as proof of the personal visit to the property and publication."
The Treasurer's jurisdictional challenge places the proverbial cart before the horse. For the same reason that our Supreme Court had appellate jurisdiction in In re Petition by Treasurer of Wayne Co for Foreclosure, 478 Mich 1; 732 NW2d 458 (2007) (Perfecting Church), this Court has jurisdiction over the instant appeal. MCL 211.78k deprives a court of jurisdiction to modify a judgment of foreclosure only if there was no due process violation.
In support of its assertion, defendant cites to MCL 211.78k(7), which states, "To appeal the circuit court's judgment foreclosing property, a person appealing the judgment shall pay to the county treasurer the amount determined to be due . . . within 21 days of the entry of a judgment foreclosing the property . . . together with a notice of appeal." However, in In re Treasurer of Wayne Co for Foreclosure, 478 Mich 1, 10-11; 732 NW2d 458 (2007) (Perfecting Church), the Michigan Supreme Court held as follows: [I]n cases where the foreclosing entity fails to provide constitutionally adequate notice, MCL 211.78k permits a property owner to be deprived of the property without due process of law.
MCL 211.78k(7) provides that a party may appeal a judgment of foreclosure to this Court within 21 days of its entry. In re Petition by Wayne Co Treasurer for Foreclosure, 478 Mich 1, 7; 732 NW2d 458 (2007). "If a property owner does not redeem the property or appeal the judgment of foreclosure within 21 days, then MCL 211.78k(6) deprives the circuit court of jurisdiction to alter the judgment of foreclosure."
Likewise, "issues of constitutional and statutory construction" are legal questions reviewed de novo. In re Petition by Wayne Co Treasurer for Foreclosure, 478 Mich 1, 6; 732 NW2d 458 (2007) (Perfecting Church). In support of its argument, Plymouth cites Perfecting Church, which construed a former version of the pertinent statutory provision, MCL 211.78k(6), and also evaluated the constitutionality of that provision.
78l (1) incorporates MCL 211.78k , and ยง 78k(6) vests absolute title in the foreclosing governmental unit if there is no redemption or timely appeal following judgment, as was the case here, thereby depriving the court of jurisdiction to alter the foreclosure judgment. InrePetitionbyWayneCo.Treasurer, 478 Mich. 1, 8, 732 N.W.2d 458 (2007) . [277 Mich.App. 353]MCL 211.78l (1) allows only monetary damages for a notice violation, which would entail statutory notice and constitutional notice, while MCL 211.78k (6) can preclude a court from vacating a foreclosure judgment even if constitutionally adequate notice was not provided, leaving a party without a right to his or her property.