In Miller v Griffin, an unpublished Michigan Court of Appeals opinion, a sheriff’s sale in foreclosure of property was held on March 12, 2020. There was a third party purchaser. The sheriff’s deed was not recorded until May 11, 2020. An individual on behalf of the mortgagor met with the third party purchaser on November 11, 202, and tried to tender redemption, but was advised the amount tendered was insufficient. The correct amount was tendered on November 16, 2020. A suit to quiet title followed. The trial court held that the parties who tendered the funds had no standing to do so because they had no recorded interest in the property. An appeal followed.
The appeals court held that, as agents of the mortgagor, the parties tendering the funds had standing to do so, but because the correct amount was not tendered until after the redemption period expired, the trial court reached the right result for the wrong reason and would not be overturned.
Curiously, the parties and the court all assumed the redemption period ran from the date of recording, not the date of sale, contrary to the published opinion discussed here issued just 7 days previously.