GRAVES v. AMERICAN ACCEPTANCE MORTG. CORP.

Docket No. 119977.

652 N.W.2d 221 (2002)

467 Mich. 308

Eileen V. GRAVES, Plaintiff-Appellant, v. AMERICAN ACCEPTANCE MORTGAGE CORPORATION, Defendant-Appellee, and Boulder Escrow, Inc., a Nevada Corporation, Defendant/Counter and Cross-Plaintiff-Appellee. and Steve Diaz, Defendant/Counter and Cross-Defendant.

Supreme Court of Michigan.

October 22, 2002.


Attorney(s) appearing for the Case

Taubman, Nadis & Gorosh, P.C. (by Ronn S. Nadis and Michael K. Dorocak) Southfield, MI, for the plaintiff-appellant.

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


PER CURIAM.

The issue before the Court is whether a purchase money mortgage has precedence over a prior recorded lien on the same property. The Court of Appeals has held that it does. Because this determination conflicts with the priorities established by our race-notice recording statutes, M.C.L. § 565.29 and 565.25, we reverse.

I

In 1987, a married couple, Eileen Graves and Steve Diaz, purchased, by land contract, a residence at 72 West End...

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