Order Michigan Supreme Court
Lansing, Michigan
January 12, 2007 Clifford W. Taylor,
Chief Justice
130810 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
In re Estate of JIHAD H. MOUKALLED, Maura D. Corrigan
Deceased. Robert P. Young, Jr.
Stephen J. Markman,
________________________________________/ Justices
BRUCE BAKIAN,
Petitioner-Appellee,
v SC: 130810
COA: 257732
Oakland Probate:
NATIONAL CITY BANK, Personal 01-276297-DA
Representative of the Estate of JIHAD
H. MOUKALLED, Deceased,
Respondent,
and
FIFTH THIRD BANK,
Respondent-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 16, 2006
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(l). At oral argument, the parties shall address the following questions:
(1) Under the facts of this case where the petitioner is seeking priority over other
creditors with respect to the Heather Hills real estate, did the Court of Appeals
appropriately invoke the doctrine of equitable lien to grant the petitioner a security
interest in that real property, and if not, by what method should the petitioner have
secured an interest in the real property? (2) Was the "Security Agreement" subject to the
recording requirements found for example in MCL 565.201, and if so did it meet those
requirements? (3) Does the fact that the Register of Deeds accepted the "Security
Agreement" for filing definitively prove compliance with a recording statute? The
parties may file supplemental briefs within 42 days of the date of this order, but they
should avoid submitting a mere restatement of the arguments made in their application
papers.
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.
January 12, 2007 _________________________________________
d0109 Clerk