SMITH v. GENERAL MORTGAGE CORP.

Docket No. 24822.

73 Mich. App. 720 (1977)

252 N.W.2d 551

SMITH v. GENERAL MORTGAGE CORPORATION

Michigan Court of Appeals.

Decided March 1, 1977.


Attorney(s) appearing for the Case

Rosenbaum, Bloom, Kaufman, Appel & Moses, for plaintiffs.

Kasper & Devine, for defendants.

Before: ALLEN, P.J., and D.E. HOLBROOK and D.C. RILEY, JJ.


ALLEN, P.J.

Where fire occurs before a mortgage foreclosure at which the mortgagee has bid in the property for the balance remaining due on the mortgage, who, as between mortgagor and mortgagee is entitled to the fire insurance proceeds? This question of apparent first impression in Michigan, though considered in other jurisdictions, comes to us following the trial court's grant of summary judgment in favor of defendant mortgagees.

The mortgage in question...

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