WELLS FARGO BANK v. CHERRYLAND MALL

Docket No. 304682.

812 N.W.2d 799 (2011)

295 Mich. App. 99

WELLS FARGO BANK, NA v. CHERRYLAND MALL LIMITED PARTNERSHIP.

Court of Appeals of Michigan.

Decided December 27, 2011, at 9:00 a.m.


Attorney(s) appearing for the Case

Miller, Canfield, Paddock and Stone, P.L.C., Naples, (by James L. Allen , Troy, Larry J. Saylor , Detroit, and Dennis G. Bonucchi , Troy), for Wells Fargo Bank, N.A.

Honigman Miller Schwartz and Cohn, LLP (by John Pirich , Lansing, and I.W. Winsten , Detroit), for Cherryland Mall Limited Partnership and David Schostak.

McClelland & Anderson, LLP (by Gregory L. McClelland and Melissa A. Hagen ), Lansing, for amicus curiae the Michigan Association of Realtors.

Kupelian Ormond & Magy, P.C. (by Paul S. Magy and Matthew W. Schlegel ), Southfield, Fried, Frank, Harris, Shriver & Jacobson LLP (by Greg L. Weiner , Shahzeb Lari , and Nazar Altun ) for amici curiae the Building Owners and Managers Association International, the Building Owners and Managers Association of Metro Detroit, the International Council of Shopping Centers, NAIOP—The Commercial Real Estate Development Association, and the National Association of Real Estate Investment Trusts.

Robert S. LaBrant , Lansing, for amicus curiae the Michigan Chamber of Commerce.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Christopher W. Braverman , Assistant Attorney General, for amicus curiae the Attorney General.

Before: MARK J. CAVANAGH, P.J., and SAWYER and METER, JJ.


PER CURIAM.

In this mortgage deficiency action, defendants1 Cherryland Mall Limited Partnership and David Schostak (Schostak) appeal as of right the trial court's judgment awarding plaintiff, Wells Fargo Bank, N.A., $2,142,697.86 on the mortgage deficiency claim and $260,000 in stipulated attorney fees and costs, plus interest. We affirm.

I. BASIC FACTS AND PROCEDURAL HISTORY

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