Patrick v. Shaw

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