BEBEE v. GRETTENBERGER

Docket No. 77-3225.

82 Mich. App. 416 (1978)

266 N.W.2d 829

BEBEE v. GRETTENBERGER

Michigan Court of Appeals.

Decided April 4, 1978.


Attorney(s) appearing for the Case

Robert W. Luoma, for plaintiffs.

John P. O'Brien, for defendants.

Before: BASHARA, P.J., and ALLEN and M.J. KELLY, JJ.


ALLEN, J.

Where a prior land contract for undeveloped farmland containing an 8% annual interest charge is cancelled and, at the request of the land contract purchasers, there is substituted a second mortgage on the purchasers' homestead containing an 8% annual interest charge, is the second mortgage in violation of MCLA 438.31c; MSA 19.15(1c) of the state usury laws? On July 27, 1977, the trial court held there was no violation and defendants could proceed to a public...

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