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GRAVES v. AMERICAN ACCEPTANCE MORTG. CORP.

Docket No. 119977, Calendar No. 3.

677 N.W.2d 829 (2004)

469 Mich. 608

Eileen V. GRAVES, Plaintiff-Appellant, v. AMERICAN ACCEPTANCE MORTGAGE CORPORATION, Defendant-Appellee, and Boulder Escrow, Inc., a Nevada Corporation, Defendant/Counter and Cross-Plaintiff-Appellee. and Steve Diaz, Defendant/Counter and Cross-Defendant.

Supreme Court of Michigan.

Decided April 14, 2004.

Attorney(s) appearing for the Case

Taubman, Nadis & Gorosh, P.C. (by Ronn S. Nadis and Michael K. Dorocak), Southfield, MI, for the plaintiff.

Michael J. Hagerty, Howell, MI, for defendants American Acceptance Mortgage Corporation and Boulder Escrow, Inc.

Pepper Hamilton L.L.P. (by Vicki R. Harding) and Dykema Gossett P.L.L.C. (by Wilfred A. Steiner, Jr.), Detroit, MI, for Real Property Law Section of the State Bar of Michigan.

Warner Norcross & Judd, L.L.P. (by John G. Cameron, Jr., and Allison J. Mulder), Grand Rapids, MI, for the Michigan Land Title Association.

Warner Norcross & Judd, L.L.P. (by John G. Cameron, Jr., and Allison J. Mulder), Grand Rapids, MI, for the Michigan Land Title Association.

ON REHEARING

MARKMAN, J.

The issue before the Court is whether a mortgage given on a loan and secured by the mortgagor's property, the proceeds of which are used by the mortgagor to pay off a land contract debt and thereby acquire legal title to that property, is a purchase money mortgage and, if so, whether it is therefore entitled to priority over a prior recorded lien on that property. The Court of Appeals...

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