Order Michigan Supreme Court
Lansing, Michigan
February 1, 2008 Clifford W. Taylor,
Chief Justice
133972 & (66) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PHILIP J. PATRICK and MARIE T. PATRICK, Robert P. Young, Jr.
Plaintiffs/Counter-Defendants- Stephen J. Markman,
Justices
Appellants/Cross-Appellees,
v SC: 133972
COA: 272692
Gratiot CC: 05-009466-CH
RANDALL SHAW and HILLARY SHAW,
Defendants/Counter-Plaintiffs-
Appellees/Cross-Appellants,
and
PINES INVESTMENT CORPORATION, PINES
MORTGAGE CORPORATION, and LEE PINES,
Defendants,
and
BORROWERS NETWORK, LLC,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the April 10, 2007
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court. The application
for leave to appeal as cross-appellant is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we AFFIRM the judgment of the Court of Appeals. The
Alternative Mortgage Transaction Parity Act (“AMPTA),” 12 USC 3803(c), does not
preempt MCL 438.31c(2), but we disagree with that part of the opinion of the Court of
Appeals that ruled that AMPTA was inapplicable because the loan here at issue was an
extension, rather than an origination. Rather, AMPTA is inapplicable to this case
because the loan here at issue was not an “alternative mortgage transaction” as defined by
AMPTA in 12 USC 3802.
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.
February 1, 2008 _________________________________________
s0129 Clerk