FDIC v. BERGAN

Docket No. 152040.

210 Mich. App. 698 (1995)

534 N.W.2d 250

FEDERAL DEPOSIT INSURANCE CORPORATION v. BERGAN

Michigan Court of Appeals.

Decided May 19, 1995, at 9:35 A.M.


Attorney(s) appearing for the Case

Ann S. DuRoss, Colleen B. Bombardier, Robert D. McGillicuddy, and Gregory E. Gore and Law, Weathers & Richardson, P.C. (by Ingrid A. Jensen), for the plaintiff and counterdefendant.

Dood & Wilson (by John J. Dood), for the defendant and counter-plaintiff.

Before: MICHAEL J. KELLY, P.J., and CONNOR and J.M. GRAVES, JR., JJ.


MICHAEL J. KELLY, P.J.

Plaintiff appeals by leave granted an order of the circuit court reversing the district court's judgment of a land contract forfeiture in favor of the Federal Deposit Insurance Corporation (FDIC). The circuit court held as a matter of law that the FDIC is subject to the interest forfeiture provision of the Michigan usury statute, MCL 438.32; MSA 19.15(2), and that the FDIC therefore was not entitled to collect back interest on defendant's land...

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