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OLD KENT BANK v. SOBCZAK

Docket No. 214459.

620 N.W.2d 663 (2000)

243 Mich. App. 57

OLD KENT BANK, Plaintiff-Appellee, v. Michelle SOBCZAK and Timothy J. Obetts, Defendants-Appellants.

Court of Appeals of Michigan.

Decided October 24, 2000, at 9:00 a.m.

Released for Publication December 19, 2000.

Attorney(s) appearing for the Case

Rhoades Law Office (by Peter D. Rhoades), Holland, for the plaintiff.

Prasher Law Group, PLC (by Gregory G. Prasher), Grand Rapids, for the defendants.

Before FITZGERALD, P.J., and SAAD and WHITBECK, JJ.

WHITBECK, J.

Defendants Michelle Sobczak and Timothy Obetts appeal as of right the trial court's order granting plaintiff Old Kent Bank (the Bank) summary disposition pursuant to MCR 2.116(C)(8) and (C)(10), effectively affirming the Bank's decision to repossess their boat pursuant to a preferred ship mortgage (the ship mortgage). We reverse and remand.

I. Basic Facts And Procedural History

On July 24...

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