BURKHARDT v. CITY NATIONAL BANK

Docket No. 14699.

57 Mich. App. 649 (1975)

226 N.W.2d 678

BURKHARDT v. CITY NATIONAL BANK OF DETROIT

Michigan Court of Appeals.

Decided January 27, 1975.


Attorney(s) appearing for the Case

Lampert & Fried (by David M. Fried and Gary E. Levitt), for plaintiffs.

Kemp, Klein & Endelman, P.C. (by Paul W. Cord and George J. Shears), for defendant.

Before: J.H. GILLIS, P.J., and ALLEN and ELLIOTT, JJ.


ELLIOTT, J.

The plaintiffs are making monthly mortgage loan payments to the defendant bank. Included in the mortgage contract are paragraphs requiring monthly payments into an escrow account to enable the bank to pay, once a year when they become due, the city and county taxes and the insurance premiums. The proofs showed that the bank did not attempt to predict increases in those expenses. Instead, it utilized an accounting method treating the three expenses separately...

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