MERETTA v. PEACH

Docket No. 130227.

195 Mich. App. 695 (1992)

491 N.W.2d 278

MERETTA v. PEACH

Michigan Court of Appeals.

Decided September 8, 1992, at 9:20 A.M.


Attorney(s) appearing for the Case

Andrew S. Muth, P.C. (by James K. Fett and Andrew S. Muth), for the plaintiff.

McGinty, Brown, Jakubiak, Frankland, Hitch & Henderson, P.C. (by Charles E. Henderson), for the defendants.

Before: MARILYN KELLY, P.J., and McDONALD and G.S. ALLEN, JJ.


MARILYN KELLY, P.J.

This case arose out of the collapse of the Diamond Mortgage Company. Plaintiff was the assignee of defendant Peach's mortgage. After the assignment, Peach paid off the mortgage in full. The prepayment was made through the servicing company, Diamond Mortgage, which failed to forward it to plaintiff before going bankrupt. Plaintiff brought this action to foreclose on Peach's mortgage. The trial judge granted him summary disposition.

Defendants...

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