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GRAVES v. AMERICAN ACCEPTANCE MORTG. CORP.

Docket No. 215141.

630 N.W.2d 383 (2001)

246 Mich. App. 1

Eileen V. GRAVES, Plaintiff/Counterdefendant-Appellee, v. AMERICAN ACCEPTANCE MORTGAGE CORPORATION, Defendant-Appellant, and Boulder Escrow, Inc., Defendant/Counterplaintiff-Appellant, and Steve A. Diaz, Defendant.

Court of Appeals of Michigan.

Decided May 15, 2001, at 9:00 a.m.

Released for Publication July 31, 2001.

Attorney(s) appearing for the Case

Barron and Rosenberg, P.C., (by Ronald W. Barron and Andrew W. Mayoras), Bloomfield Hills, for Eileen V. Graves.

Michael J. Hagerty, Howell, for American Acceptance Mortgage Corporation and Boulder Escrow, Inc.

Before SAWYER, P.J., and JANSEN and GAGE, JJ.

GAGE, Judge.

This case involves a priority dispute between a lienholder and a mortgagee. Defendants appeal as of right from an order granting plaintiff summary disposition pursuant to MCR 2.116(C)(10). We reverse and remand.

I

In 1987, plaintiff Eileen V. Graves and her husband, defendant Steve A. Diaz, executed a land contract for the purchase of 72 West End in Waterford. Plaintiff and Diaz divorced in 1994. The June 9, 1994, judgment of divorce...

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