SAMUEL C VOYDANOFF V SELECT PORTFOLIO SERVICING INC (Memorandum)

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STATE OF MICHIGAN COURT OF APPEALS SAMUEL C. VOYDANOFF, UNPUBLISHED October 27, 2011 Plaintiff-Appellant, v No. 298098 Oakland Circuit Court LC No. 2009-102194-CK SELECT PORTFOLIO SERVICING, INC., Defendant-Appellee. and NATIONAL FORECLOSURE COUNSELING SERVICES and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, Defendants. Before: WILDER, P.J., and CAVANAGH and DONOFRIO, JJ. MEMORANDUM. Plaintiff appeals by right an order granting summary disposition in favor of defendant, Select Portfolio Servicing, Inc., in this action challenging a mortgage foreclosure by advertisement. We reverse and remand for proceedings consistent with this opinion. At oral argument held on this appeal defendant admitted that the case of Residential Funding Co, LLC v Saurman, ___ Mich App ___; ___ NW2d ___ (Docket Nos. 290248, 291443; April 21, 2011) is dispositive of the issues on appeal. Accordingly, defendant requested that this Court (1) reverse the order granting summary disposition in defendant s favor and (2) vacate the foreclosure proceedings. Therefore, the order granting summary disposition in defendant s favor is reversed, the foreclosure proceedings are vacated, and this matter is remanded for further proceedings consistent with this opinion. Reversed and remanded for proceedings consistent with this opinion. We do not retain jurisdiction. Plaintiff is entitled to costs as the prevailing party. See MCR 7.219(A). /s/ Kurtis T. Wilder /s/ Mark J. Cavanagh /s/ Pat M. Donofrio -1-

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