Recently the Circuit Court granted my motion for summary disposition and denied the plaintiff’s motion for summary disposition arising out of a dispute on a $3 million residential home land contract. My client, the vendee was in default and a District Court summary proceedings action for forfeiture was commenced. Three weeks after the District Court case was settled the plaintiff filed a foreclosure action in the Circuit Court accelerating the balance due on the land contract claiming there were defaults on the land contract. The trial judge ruled that the parties in effect had an accord and satisfaction and all defaults on the land contract had been cured in the District Court. The land contract sellers lawsuit was dismissed with prejudice and the file was closed. The effect of this case is that the doctrine of the election of remedies is still available to litigants.
28470 W 13 Mile Rd Suite 325, Farmington Hills, MI 48334