Legal Opinion · Concurrence

Graves v. American Acceptance Mortgage Corp.

Michigan Supreme Court

Decided April 14, 2004No. Docket 119977Published

1ConcurrenceWeaver, J.

I concur with the majority, but write separately to make clear that, at this time, the purchase money mortgage doctrine remains a part of Michigan jurisprudence.1 This point must be emphasized to provide clarity and stability in the law because the current state of the law has been ques*619tioned following this Court’s decision to vacate its opinion per curiam in this matter.

In this case, this Court should not have overturned the purchase money mortgage doctrine in an opinion per curiam, without granting leave to appeal and having oral argument. Had we granted leave to appeal and heard oral…

2Cases cited1 opinion

  1. BEDNAROWSKI AND MICHAELS DEVELOPMENT, LLC v. WallaceDistrict Court, E.D. Michigan · 2003

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