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IN RE RECEIVERSHIP

Docket No. 143123. Calendar No. 9.

821 N.W.2d 503 (2012)

492 Mich. 208

In re RECEIVERSHIP OF 11910 SOUTH FRANCIS ROAD (PRICE v. KOSMALSKI).

Supreme Court of Michigan.

Decided July 30, 2012.

Attorney(s) appearing for the Case

Allan Falk, P.C., Okemos (by Allan Falk), and Cummins Woods, Lansing (by Thomas E. Woods), for Thomas E. Woods.

The Hubbard Law Firm, P.C., Lansing (by Peter A. Teholiz and Michael G. Woodworth), for Dart Bank.

Kus, Ryan & Associates, PLLC, Auburn Hills (by Michael A. Kus, Marsha J. Greco, and Jeffrey S. Horowitz), for the Community Bankers of Michigan.

Warner Norcross & Judd LLP, Grand Rapids (by Jeffrey O. Birkhold, James H. Breay, and Nicole L. Mazzocco), for the Michigan Bankers Association and the Michigan Credit Union League.

McClelland & Anderson, LLP, Lansing (by Gregory L. McClelland and Melissa A. Hagen), for the Michigan Association of Realtors.

MARY BETH KELLY, J.

This case involves the issue of the priority of competing liens between a court-appointed receiver and the holder of a first-recorded mortgage on real property located in DeWitt, Michigan. The receiver, Thomas Woods, seeks to recover receivership expenses before the holder of the first-recorded mortgage, Dart Bank, satisfies its mortgage interest. In affirming the circuit court's order placing a first-priority lien on the property in the...

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