Pnc Bank v. Ercole Distefano

Michigan Supreme Court

Pnc Bank v. Ercole Distefano

DecidedJune 2, 2017

Docket155047

StatusPublished

This text of Pnc Bank v. Ercole Distefano (Pnc Bank v. Ercole Distefano) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pnc Bank v. Ercole Distefano, (Mich. 2017).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

June 2, 2017 Stephen J. Markman, Chief Justice

155047 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein PNC BANK, Joan L. Larsen Plaintiff-Appellant, Kurtis T. Wilder, Justices v SC: 155047 COA: 333441 Macomb CC: 2014-004005-CH ERCOLE DiSTEFANO, JOANNE DiSTEFANO, NORTH CRE VENTURE 2010-2, LLC, and FCI LENDER SERVICES, INC., Defendants, and SELECT COMMERCIAL ASSETS, LLC, Defendant-Appellee. _________________________________________/

On order of the Court, the application for leave to appeal the November 23, 2016 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

MARKMAN, C.J. (concurring).

I concur in the Court’s order of denial. Plaintiff here relies heavily on Cordes v Great Lakes Excavating & Equip Rental, Inc, unpublished per curiam opinion of the Court of Appeals, decided June 7, 2012 (Docket No. 304003), in which that Court held that a mortgagor’s affidavit stating that an earlier mortgage on the property had been improperly discharged placed a subsequent purchaser on notice of the first mortgagee’s interest and the subsequent mortgagee’s interest was thus subordinate. Without determining whether Cordes was rightly decided, I write separately only to note that Cordes is clearly distinguishable from the instant case. In Cordes, the affidavit of erroneous discharge was recorded before the execution and recording of the second mortgage. Here, the affidavit of erroneous discharge was recorded after the second mortgage had been executed and recorded. Only the assignment of the second mortgage occurred after the affidavit of erroneous discharge had been recorded. Thus, whether unpublished or published, Cordes is distinguishable and does not, in my judgment, support plaintiff’s claim.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 2, 2017 t0530 Clerk

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Order Michigan Supreme Court Lansing, Michigan

June 2, 2017 Stephen J. Markman, Chief Justice

155047 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein PNC BANK, Joan L. Larsen Plaintiff-Appellant, Kurtis T. Wilder, Justices v SC: 155047 COA: 333441 Macomb CC: 2014-004005-CH ERCOLE DiSTEFANO, JOANNE DiSTEFANO, NORTH CRE VENTURE 2010-2, LLC, and FCI LENDER SERVICES, INC., Defendants, and SELECT COMMERCIAL ASSETS, LLC, Defendant-Appellee. _________________________________________/

On order of the Court, the application for leave to appeal the November 23, 2016 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

MARKMAN, C.J. (concurring).

I concur in the Court’s order of denial. Plaintiff here relies heavily on Cordes v Great Lakes Excavating & Equip Rental, Inc, unpublished per curiam opinion of the Court of Appeals, decided June 7, 2012 (Docket No. 304003), in which that Court held that a mortgagor’s affidavit stating that an earlier mortgage on the property had been improperly discharged placed a subsequent purchaser on notice of the first mortgagee’s interest and the subsequent mortgagee’s interest was thus subordinate. Without determining whether Cordes was rightly decided, I write separately only to note that Cordes is clearly distinguishable from the instant case. In Cordes, the affidavit of erroneous discharge was recorded before the execution and recording of the second mortgage. Here, the affidavit of erroneous discharge was recorded after the second mortgage had been executed and recorded. Only the assignment of the second mortgage occurred after the affidavit of erroneous discharge had been recorded. Thus, whether unpublished or published, Cordes is distinguishable and does not, in my judgment, support plaintiff’s claim.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 2, 2017 t0530 Clerk

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Pnc Bank v. Ercole Distefano, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pnc-bank-v-ercole-distefano-mich-2017.