Legal Topics

Landlord-tenant — Eviction — Subject matter jurisdiction — County court lacked subject matter jurisdiction over dispute regarding possession of property where parties intended for quitclaim deed on property to act as security for $65,000 mortgage held by plaintiff

May 21st, 2021 in by admin

Landlord-tenant — Eviction — Subject matter jurisdiction — County court lacked subject matter jurisdiction over dispute regarding possession of property where parties intended for quitclaim deed on property to act as security for $65,000 mortgage held by plaintiff — Action should have been brought as foreclosure action in circuit court rather than as eviction action — No merit to argument that appellate court is bound to respect stipulation agreement in which defendant agreed to vacate premises and not engage in further litigation because county court lacked jurisdiction to accept or enforce stipulation