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DEUTSCHE BANK TRUST COMPANY AMERICAS v. SPOT REALTY, INC.

No. 255659.

714 N.W.2d 409 (2005)

269 Mich. App. 607

DEUTSCHE BANK TRUST COMPANY AMERICAS, f/k/a Bankers Trust Company, Plaintiff-Appellant, v. SPOT REALTY, INC., d/b/a Advance Equities, Ltd., Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 15, 2005.

Approved for Publication February 2, 2006, at 9:05 a.m.

Released for Publication April 12, 2006.

Attorney(s) appearing for the Case

May, Simpson & Strote (by Thomas C. Simpson and Marilynn K. Smyth), Bloomfield Hills, for the plaintiff.

Nedelman Pawlak, PLLC (by Gerald A. Pawlak), Farmington Hills, for the defendant.

Before: COOPER, P.J., and FORT HOOD and BORRELLO, JJ.

PER CURIAM.

In this action to quiet title, plaintiff Deutsche Bank Trust Company (Deutsche Bank) appeals as of right from the trial court's order denying its motion for summary disposition under MCR 2.116(C)(10) and granting defendant Spot Realty Inc.'s cross-motion for summary disposition. We affirm.

I. Factual Background

On November 6, 1997, James and Terrye Robinson borrowed $284,000 from NF Investments, secured by the senior mortgage (Mortgage...

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