Narrative Opinion Summary
The Michigan Supreme Court addressed an appeal brought by PNC Bank against several defendants, including Ercole DiStefano and Select Commercial Assets, LLC. The case centered on the applicability of a precedent from Cordes v Great Lakes Excavating Equipment Rental, Inc., involving the notice of mortgage interests through affidavits of erroneous discharge. PNC Bank contended that their affidavit should have placed subsequent purchasers on notice of their mortgage interest, akin to the Cordes scenario. However, Justice Markman, writing for the court, pointed out a significant factual distinction: the affidavit in the present case was recorded after the second mortgage had already been executed and recorded, unlike in Cordes. This critical difference led the court to conclude that the precedent did not support PNC Bank's position. Consequently, the Michigan Supreme Court denied the application for leave to appeal, finding no compelling legal question necessitating further review. The decision effectively upheld the prior ruling of the Court of Appeals, leaving the defendants' positions intact without further challenge from PNC Bank.
Legal Issues Addressed
Denial of Leave to Appealsubscribe to see similar legal issues
Application: The Michigan Supreme Court determined that the case did not present a question warranting review, thereby denying the application for leave to appeal.
Reasoning: The Michigan Supreme Court, in an order dated June 2, 2017, denied the application for leave to appeal the Court of Appeals' November 23, 2016 order.
Distinction in Precedent Applicationsubscribe to see similar legal issues
Application: The court differentiated the present case from Cordes v Great Lakes Excavating Equipment Rental, Inc., emphasizing that the timing of the affidavit's recording was a critical factor.
Reasoning: Specifically, in Cordes, the relevant affidavit was recorded prior to the execution and recording of the second mortgage, whereas in this case, the affidavit was recorded after the second mortgage was already executed and recorded.
Reliance on Prior Casessubscribe to see similar legal issues
Application: The plaintiff's reliance on the Cordes decision was found inapplicable due to differing circumstances regarding the timing of affidavit recordings.
Reasoning: Justice Markman concurred with the denial, referencing the case of Cordes v Great Lakes Excavating Equipment Rental, Inc. He noted that while the plaintiff relied on the Cordes decision... the circumstances in this case were distinct.