Order Michigan Supreme Court
Lansing, Michigan
June 2, 2017 Stephen J. Markman,
Chief Justice
155047 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PNC BANK, Joan L. Larsen
Plaintiff-Appellant, Kurtis T. Wilder,
Justices
v SC: 155047
COA: 333441
Macomb CC: 2014-004005-CH
ERCOLE DiSTEFANO, JOANNE DiSTEFANO,
NORTH CRE VENTURE 2010-2, LLC, and
FCI LENDER SERVICES, INC.,
Defendants,
and
SELECT COMMERCIAL ASSETS, LLC,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 23, 2016
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court.
MARKMAN, C.J. (concurring).
I concur in the Court’s order of denial. Plaintiff here relies heavily on Cordes v
Great Lakes Excavating & Equip Rental, Inc, unpublished per curiam opinion of the
Court of Appeals, decided June 7, 2012 (Docket No. 304003), in which that Court held
that a mortgagor’s affidavit stating that an earlier mortgage on the property had been
improperly discharged placed a subsequent purchaser on notice of the first mortgagee’s
interest and the subsequent mortgagee’s interest was thus subordinate. Without
determining whether Cordes was rightly decided, I write separately only to note that
Cordes is clearly distinguishable from the instant case. In Cordes, the affidavit of
erroneous discharge was recorded before the execution and recording of the second
mortgage. Here, the affidavit of erroneous discharge was recorded after the second
mortgage had been executed and recorded. Only the assignment of the second mortgage
occurred after the affidavit of erroneous discharge had been recorded. Thus, whether
unpublished or published, Cordes is distinguishable and does not, in my judgment,
support plaintiff’s claim.
I, Larry S. Royster, 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.
June 2, 2017
t0530
Clerk