in whole or in part. (c) The mortgage containing the power of sale has been properly recorded. (d) The party foreclosing the mortgage is either the owner of the indebtedness or of an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgage. Mich. Comp. Laws § 600.3204(1). Subsection (3) provides that “[i]f the party foreclosing a mortgage by advertisement is not the original mortgagee, a record chain of title shall exist prior to the date of sale under section 3216 evidencing the assignment of the mortgage to the party foreclosing the mortgage.” Id. § 600.3204(3). Under Michigan law, a party’s failure to satisfy the statutory notice requirements when foreclosing by advertisement renders the resulting sale voidable. Davenport, 739 N.W.2d at 384 (<HOLDING>). The Hargrows first argue that Wells Fargo
holding that foreclosure of prior mortgage extinguished second mortgage holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure holding that notice of administrative forfeiture sent to prisoner did not require actual notice to the property owner only notice reasonably calculated to apprise a party of the pendency of the action holding foreclosure void because foreclosing party did not perfect title to mortgage until after notice sent holding that foreclosure of a prior mortgage extinguished a declaration of condominium and interests in a parking lot that were subject to the mortgage