1320 Rickett Road, Brighton, MI 48116
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Public Foreclosure Notice
NOTICE OF FORECLOSURE SALE Default having been made in the terms and conditions of a certain mortgage made by INVESTOR LAND HOLDING OF BRIGHTON LLC, a Michigan limited liability company (“Mortgagor”), 1320 Rickett Road, Brighton, Michigan 48116 to CAPITAL FUNDING, LLC, a Maryland limited liability company, 2455 House Street, Baltimore, Maryland 21230, dated July 22, 2024 and recorded in the office of the Register of Deeds, for the County of Livingston, and State of Michigan, on July 25, 2024 as Instrument No. 2024R-013025 (the “Mortgage”), on which there is claimed to be due, at the date of this notice, the amount of $14,820,513.71. Notice of foreclosure by advertisement. Notice is given under section 3212 of the Revised Judicature Act of 1961, 1961 PA 236, MCL 600.3212, that the following mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at a public auction sale to the highest bidder for cash or cashier’s check at the Livingston County Courthouse (place of holding the circuit court) in Livingston County, starting promptly at 10:00 a.m. on Wednesday, August 5, 2026. The amount due on the mortgage may be greater on the day of the sale. Placing the highest bid at the sale does not automatically entitle the purchaser to free and clear ownership of the property. A potential purchaser is encouraged to contact the county register of deeds office or a title insurance company, either of which may charge a fee for this information. The mortgaged premises are described as follows (collectively, the “Mortgaged Premises”): Land in the City of Brighton, Livingston County, MI, described as follows (the “Land”): Part of the South 1/2 of Section 31, Town 2 North, Range 6 East, City of Brighton, Livingston County, Michigan described as: Beginning at a point in the (platted) centerline of Rickett Road right of way, said point being Southeast corner of Rickett Road Industrial Park Subdivision, (as recorded in Liber 18 of Plats, Pages 19 through 22, Livingston County Records), said point being described on said subdivision Plat as lying West 540.63 feet, and North 600.91 feet from the Southeast corner of said Section 31; thence South 30 degrees 49 minutes 07 seconds East, along the monumented centerline of Rickett Road 204.04 feet; thence Southwesterly along the Northerly line of Oak Ridge Drive (so called), as monumented and shown in a survey recorded in Liber 1003, Pages 171 through 173, on the following four courses: South 56 degrees 57 minutes 09 seconds West, 205.46 feet to a point of curve, Southwesterly 80.60 feet on the arc of a curve concave to the Southeast, radius 380.71 feet, central angle 12 degrees 07 minutes 48 seconds, chord bearing South 52 degrees 46 minutes 51 seconds West, 80.45 feet to a point of reverse curve; thence Southwesterly 80.60 feet on the arc of a curve concave to the Northwest, radius 380.71 feet, central angle 12 degrees 07 minutes 48 seconds, chord bearing South 52 degrees 46 minutes 51 seconds West, 80.45 feet to a point of compound curve, and Southwesterly 249.50 feet on the arc of a curve concave to the Northwest, radius 916.86 feet, central angle 15 degrees 35 minutes 30 seconds, chord bearing South 64 degrees 59 minutes 05 seconds West, 248.73 feet to a point of non-tangency; thence North 17 degrees 00 minutes 22 seconds West, 18.00 feet to a point which bears South 89 degrees 35 minutes 35 seconds East, 30.00 feet, and Easterly 270.00 feet along the arc of a curve concave to the North, radius 898.86 feet, central angle 17 degrees 12 minutes 38 seconds, chord bearing North 81 degrees 48 minutes 06 seconds East, 268.99 feet from the Southeast corner of Woodlake Condominiums (recorded in Liber 1405, Pages 938, Livingston County Records); thence North 19 degrees 21 minutes 11 seconds East, 273.87 feet; thence North 15 degrees 32 minutes 37 seconds West 46.88 feet; thence North 44 degrees 04 minutes 01 seconds West, 247.10 feet to a point on the South line of said Rickett Road Industrial Park Subdivision; thence South 89 degrees 03 minutes 34 seconds East, along said South line of said subdivision, 520.22 feet to the point of beginning. Commonly known as: 1320 Rickett Road, Brighton, Michigan 48116. together with (1) all air rights, development rights, zoning rights, easements, rights-of-way, strips and gores of land, vaults, streets, roads, alleys, tenements, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emoluments appurtenant to, or used or useful in connection with, or located on, under or above the Land, or any part or parcel thereof, and all ground leases, estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversions, and remainders whatsoever, in any way belonging, relating or appertaining to the Land, or any part thereof (collectively, the “Appurtenant Rights”); (2) all beds, linen, televisions, carpeting, telephones, cash registers, computers, lamps, glassware, rehabilitation equipment, restaurant, restaurant and kitchen equipment, and other fixtures and equipment of Mortgagor located on, attached to or used or useful in connection with any of the Land or the 73-unit, 93-bed assisted living and memory care facility known as “Brighton Comfort Care”, to be renamed “Hampton Manor of Brighton”, located on the Land, together with any other general or specialized care facilities, if any (the “Facility”) and all renewals and replacements thereof and substitutions therefore; provided, however, that with respect to any items which are leased for the benefit of the Facility and not owned by Mortgagor, the Equipment shall include the leasehold interest only of Mortgagor together with any options to purchase any of said items (collectively, the “Equipment”); (3) all buildings, structures and improvements of every nature whatsoever situated on the Land, including, but not limited to, all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, water heaters, awnings and storm sashes, and cleaning apparatus which are or shall be attached to the Mortgaged Property or said buildings, structures or improvements (collectively, the “Improvements”); (4) all property which is attached to the Land or the Improvements as to constitute a fixture under applicable law and all renewals and replacements thereof and substitutions therefore, including, without limitation: machinery, equipment, engines, boilers, incinerators, installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets, paneling, rugs and floor and wall coverings; fences, trees and plants; and exercise equipment (collectively, the “Fixtures”); (5) any and all rights of Mortgagor arising from the ownership and/or operation of the Facility to payment for goods sold or leased or for services rendered, not evidenced by an Instrument, including, without limitation: (a) all accounts arising from the Lease and/or ownership and/or operation of the Facility; (b) all moneys and accounts held by mortgagee; and (c) all rights to payment from state or federal programs, boards bureaus or agencies and rights to payment from patients, residents, private insurers, and others arising from the operation of the Facility, including rights to payment pursuant to all contracts and rights pursuant to reimbursement from third-party payor programs and contracts for the Facility (collectively, the “Accounts”); (6) all intangible personal property of Mortgagor arising out of or connected with the Land or the Facility and all renewals and replacements thereof and substitutions therefore (collectively, the “General Intangibles”); (7) all licenses, permits and certificates used or useful in connection with the ownership, operation, use or occupancy of the Mortgaged Property and/or the Facility, including, without limitation, business licenses, state health department licenses, food service licenses, licenses to conduct business, certificates of need, air quality permits and all such other permits, licenses and rights, obtained from any governmental, quasi-governmental or private person or entity whatsoever concerning ownership, operation, use or occupancy (collectively, the “Permits”); (8) all instruments, chattel paper, documents or other writings obtained by Mortgagor from or in connection with the operation of the Land or the Facility (including without limitation, all ledger sheets, computer records and printouts, data bases, programs, books of account and files of mortgagee relating thereto) (collectively, the “Instruments”); (9) all inventories of food, beverages and other comestibles held by Mortgagor for sale or use at or from the Land or the Facility, and soap, paper supplies, medical supplies, drugs and all other such goods, wares and merchandise held by Mortgagor for sale to or for consumption by residents, guests or patients of the Land or the Facility and all such other goods returned to or repossessed by Mortgagor (collectively, the “Inventory”); (10) all third-party reimbursement contracts and provider agreements for the Facility with respect to residents or patients qualifying for coverage under the same, including private insurance agreements, and any successor program or other similar reimbursement program and/or private insurance agreements (collectively, the “Reimbursement Contracts”); (11) all rent and other payments of whatever nature from time to time payable pursuant to the Leases (including, without limitation, rights to payment earned under leases for space in the Improvements for the operation of ongoing retail businesses such as newsstands, concession stands, barbershops, beauty shops, gift shops, cafeterias, dining rooms, restaurants, lounges, vending machines, physicians’ offices, pharmacies, laboratories, gymnasiums, swimming pools, tennis courts, golf courses, recreational centers and specialty shops), deposits (whether for security or otherwise but excluding any resident trust accounts), issues, profits, revenues, royalties, rights, benefits, and income of every nature of and from the Mortgaged Property and the operations conducted or to be conducted thereon (collectively, “Rents”); (12) all furniture, furnishings, Equipment, machinery, building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible personal property (other than Fixtures) which are owned by Mortgagor and which are used in connection with the ownership, management or operation of the Land or the Improvements or are located on the Land or in the Improvements, and any operating agreements relating to the Land or the Improvements, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Land or the Improvements (collectively, the “Personality”); (13) all leases, subleases, licenses, concessions or grants or other possessory interests, whether oral or written, covering or affecting the Mortgaged Property, or any portion of the Mortgaged Property and all modifications, extensions or renewals thereof (collectively, the “Leases”); (14) all awards, payments, earnings, royalties, issues, profits, liquidated claims, and proceeds (including proceeds of insurance and condemnation or any conveyance in lieu thereof) from the sale, conversion (whether voluntary or involuntary), exchange, transfer, collection, loss, damage, condemnation, disposition, substitution or replacement of any of the Mortgaged Property (collectively, the “Proceeds”); (15) all contracts, options and other agreements for the sale of the Land, the Improvements, the Fixtures, the Personalty or any other part of the Mortgaged Property entered into by Mortgagor, including cash or securities deposited to secure performance by parties of their obligations; (16) all amounts required to be deposited with mortgagee pursuant to the terms of the Mortgage (each an “Imposition” and collectively, the “Imposition Deposits”); (17) all refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before 2024); and (18) all names under or by which any of the foregoing may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Mortgaged Property. To the extent any of the foregoing Premises constitutes personal property or fixtures, such personal property and fixtures shall be sold together with the real estate in one foreclosure sale described above in accordance with MCL 440.9604(1)(b) and 440.9604(2)(b) respectively. Attention Homeowner: If you are a military service member on active duty, if your period of active duty has concluded less than 90 days ago, or if you have been ordered to active duty, please contact the attorney for the party foreclosing the mortgage at the telephone number stated in this notice. If the property described in this Notice is sold at the foreclosure sale referred to above, the Mortgagor will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period as provided by MCL 600.3278 or otherwise by law. The redemption period shall be six (6) months from the date of the sale unless the property is determined to be abandoned in accordance with MCL 600.3241a. BODMAN PLC Dated: July 5, 2026 By: Matthew R. Smith (P79278) Attorney for Capital Funding, LLC 99 Monroe Avenue, Suite 300 Grand Rapids, Michigan 49503-2639 (616) 205-1874 msmith@bodmanlaw.com (07-05)(08-02)
