STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF BERRIEN
Case No. 25-000840-CH
Hon. Charles T. LaSata
MIDFIRST BANK,
Plaintiff,
v.
MICHELLE C. FIORELLI,
UNITED STATES OF AMERICA,
Defendants.
____________________________
ORLANS LAW GROUP PLLC
SOGOL I. PLAGANY (P69690)
Attorney for Plaintiff
1650 West Big Beaver Road
Troy, Michigan 48084
(248) 502-1359
MICHELLE C. FIORELLI
Defendant in Pro Per
3375 Circle Drive
Saint Joseph, MI 49085
____________________________
PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT JUDGMENT
ON JUDICIAL FORECLOSURE
NOW COMES Plaintiff, MidFirst Bank (“Plaintiff”), by and through counsel, Orlans Law Group PLLC, and for its Motion for Entry of Default Judgment states as follows:
1. This litigation involves a certain parcel of real property situated in the Township of Saint Joseph, County of Berrien, State of Michigan, which is more particularly described as:
Lot 8, Knapp’s Terrace, according to the plat thereof, recorded in Liber 15 of Plats, Page 11, Berrien County Records;
Except the Southerly portion thereof described as: Commencing at the Southwest corner of said Lot 8; thence North 89 degrees 51 minutes East along the South line of said Lot 8 a distance of 329.3 feet; thence North 16 degrees 30 minutes West 146.63 feet; thence South 69 degrees 49 minutes West 65.87 feet; thence South 0 degrees 50 minutes West 27.05 feet; thence South 89 degrees 47 minutes West 178.77 feet; thence North 20 degrees 13 minutes West 88.32 feet to the edge of Circle Drive; thence around a 99 foot radius curve to the right a chord distance of 28.0 feet to the Northeasterly corner of Lot 7, said Subdivision; thence South along the East line of said Lot 7 to the Place of Beginning.
Parcel ID Number: 18-4350-0008-01-2
Commonly known as: 3375 Circle Drive, Saint Joseph, Michigan 49085
(hereinafter the “Subject Property”).
2. On October 9, 2024, Plaintiff filed its Complaint for Judicial Foreclosure of Mortgage. The basis for this action is set forth below.
SERVICE AND DEFAULT
ON DEFENDANTS
3. Defendant Michelle C. Fiorelli was served via alternate service with the Summons and Complaint.
4. Defendant Michelle C. Fiorelli failed to respond, plead or otherwise defend this action and a Default was entered on March 24, 2025.
5. The entry of a default under MCR 2.603 resolves the issue of liability and all allegations alleged in the complaint are accepted as true. Sahn v Brisson, 43 Mich App 666, 670-671 (1973).
6. In accordance with the Service Members Civil Relief Act, Plaintiff has confirmed that the Defendant Michelle C. Fiorelli is not an active member of the military.
7. Defendant United States of America entered into a Stipulated Order Establishing Priority of Mortgages and Dismissing Defendant United States of America (only) and same was entered by this Court on December 31, 2024.
BASIS OF LAWSUIT AND ADJUDICATION OF INTEREST
8. On or about February 23, 2016, Defendant Michelle C. Fiorelli executed a Note in favor of Diamond Residential Mortgage Corporation in exchange for a loan.
9. The Note has been signed by Defendant Michelle C. Fiorelli and Plaintiff is entitled to enforce the provision of the Note pursuant to MCL 440.3301.
10. On or about February 23, 2016, Defendant Michelle C. Fiorelli, a single woman, executed a Mortgage with Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for Diamond Residential Mortgage Corporation as security for the repayment for the loan under the terms of the Note; the Mortgage was recorded on March 1, 2016, in Liber 3129, Page 0530, Berrien County Records (“Mortgage”).
11. The Mortgage was assigned from Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for Diamond Residential Mortgage Corporation to Plaintiff via an Assignment of Mortgage recorded on January 27, 2023, in Liber 3397, Page 2004, Berrien County Records.
12. The Mortgage was subsequently modified via a Loan Modification Agreement which was recorded on October 25, 2019, in Liber 3254, Page 0343 of the Berrien County Records.
13. The Mortgage was subsequently modified via a Loan Modification Agreement which was recorded on May 9, 2022, in Liber 3373, Page 1426 of the Berrien County Records.
14. The Mortgage was subsequently modified via a Loan Modification Agreement which was recorded on August 18, 2022, in Liber 3383, Page 0335 of the Berrien County Records.
15. The Mortgage was subsequently modified via a Loan Modification Agreement which was recorded on March 1, 2023, in Liber 3399, Page 0712 of the Berrien County Records.
16. The Mortgage was subsequently modified via a Loan Modification Agreement which was recorded on February 21, 2024, in Liber 3420, Page 4015 of the Berrien County Records.
RELIEF REQUESTED
17. Defendant Michelle C. Fiorelli defaulted in the payment terms of the Mortgage and Note by failing to make the required payments.
18. As permitted by the Mortgage, Plaintiff has expended sums for legal fees and costs in order to preserve and protect its rights under the mortgage, which sums are now due and owing.
19. Despite the original demand of Plaintiff, Defendant Michelle C. Fiorelli has not cured the default under the Note and Mortgage and continues to be in material default.
WHEREFORE, Plaintiff respectfully requests this Honorable Court grant its Motion and enter a Judgment granting the following relief:
A. Plaintiff’s Motion for Entry of Default Judgment on Judicial Foreclosure is granted;
B. Order that the Mortgage dated February 23, 2016 and recorded on March 1, 2016, in Liber 3129, Page 0530, Berrien County Records, and now held by MidFirst Bank via Assignment of Mortgage recorded on January 27, 2023, in Liber 3397, Page 2004, Berrien County Records, be foreclosed pursuant to statute, and order that the sum due to Plaintiff equals the principal balance, plus any sums advanced for escrow advances, taxes, insurance, late charges, interest accrued, attorney fees and other fees which Plaintiff has expended in preserving its security interest. (the total amount due through May 2, 2025 is $133,305.10);
C. Order that all junior interests, if any, be extinguished upon the recording of the deed of sale.
D. Order that the proceeds from said mortgage foreclosure sale be used to satisfy the outstanding debt due and owing to Plaintiff under this mortgage, and if the proceeds of any sale pursuant to this foreclosure are insufficient to satisfy the outstanding debt, then the Plaintiff shall be entitled to a money judgment for any deficiency against Defendant Michelle C. Fiorelli for any deficiency;
E. Award Plaintiff any further relief as this Honorable Court deems just and equitable.
Plaintiff, in Support of its Motion for Entry of Default Judgment, states that it relies upon MCR 2.603, the facts asserted in the Motion, all pleadings in this case, and all relevant statutes, court rules, and case law in support of its Motion.
Dated: May 8, 2025
Respectfully Submitted,
ORLANS LAW GROUP PLLC
SOGOL I. PLAGANY (P69690)
Attorney for Plaintiff
(09-25)(10-09)
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