Order Michigan Supreme Court
Lansing, Michigan
May 7, 2009 Marilyn Kelly,
Chief Justice
137527 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
FIRST NATIONAL BANK OF CHICAGO, Diane M. Hathaway,
as Trustee for BANKBOSTON HOME Justices
EQUITY LOAN TRUST 1998-1,
Plaintiff-Appellee,
v SC: 137527
COA: 272431
Ct of Claims: 03-000057-MT
DEPARTMENT OF TREASURY and
DEPARTMENT OF NATURAL RESOURCES,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the September 9, 2008
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the plaintiff assignee of the mortgage
on the property in question had standing to assert the due process rights of its assignor,
which was formerly known as BankBoston, NA; and, if so, (2) whether BankBoston’s
due process rights were violated by the defendants’ mailing of notice to FNB – the entity
into which BankBoston had merged and to which it had changed its name – at FNB’s
address, rather than to the Boston address listed on BankBoston’s mortgage assignment.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 7, 2009 _________________________________________
p0430 Clerk