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STATE OF MICHIGAN
COURT OF APPEALS


VINCENT A. BURTON, Plaintiff-Appellant, v NATIONWIDE COMPANY, ADVANTAGE MORTGAGE

UNPUBLISHED November 22, 2005

No. 255749 Wayne Circuit Court LC No. 03-337863-NZ

Defendant-Appellee.

Before: Smolenski, P.J., and Schuette and Borrello, JJ. MEMORANDUM. Plaintiff appeals as of right from a circuit court order granting defendant's motion for summary disposition. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Plaintiff filed this action to set aside a sale of his property pursuant to a foreclosure by advertisement after failing to redeem it. See MCL 600.3201 et seq. His sole claim on appeal is that the statutory foreclosure-by-advertisement proceedings denied him his constitutional right to due process. This issue has not been preserved because it was not raised and addressed below. Camden v Kaufman, 240 Mich App 389, 400 n 2; 613 NW2d 335 (2000). Furthermore, plaintiff's argument is without merit. "It is unquestioned that state action is required in order to assert a denial of due process under both the Michigan and United States Constitutions." Nat'l Airport Corp v Wayne Bank, 73 Mich App 572; 574; 252 NW2d 519 (1977). "[F]oreclosure by advertisement is not a judicial action and does not involve state action for purposes of the Due Process Clause, but rather is based on contract between the mortgagor and the mortgagee." Cheff v Edwards, 203 Mich App 557, 560; 513 NW2d 439 (1994). Affirmed.

/s/ Michael R. Smolenski /s/ Bill Schuette /s/ Stephen L. Borrello

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