DRESSEL v. AMERIBANK

Docket No. 222447.

635 N.W.2d 328 (2001)

247 Mich. App. 133

Paul DRESSEL and Theresa Dressel, Plaintiffs-Appellants, v. AMERIBANK, Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 3, 2001, at 9:05 a.m.

Released for Publication October 31, 2001.


Attorney(s) appearing for the Case

Drew Cooper & Anding (by John E. Anding and Christopher G. Hastings), Grand Rapids, for the plaintiffs.

Cunningham Dalman, P.C. (by Ronald J. Vander Veen), Holland, for the defendant.

Warner Norcross & Judd LLP (by James H. Breay and Carin L. Ojala), Grand Rapids, for amicus curiae Michigan Bankers Association.

Before WHITBECK, P.J., and SMOLENSKI and COOPER, JJ.


COOPER, J.

Plaintiffs appeal as of right from the trial court's June 12, 1999, opinion that granted defendant's motion for summary disposition pursuant to MCR 2.116(C)(10). We reverse and remand.

On November 7, 1997, plaintiffs obtained from defendant a real estate loan that was secured by a mortgage on their home. In connection with the loan, defendant prepared an adjustable rate note and a mortgage for plaintiffs. The settlement statement designated a $400...

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