Estate of Darryl Houston Price v. Lori Jean Kosmalski

I respectfully dissent from the majority’s conclusion that a mortgagee only waives its rights to superior priority under MCL 600.3236 if the mortgagee expressly consents to a receivership or the reordering of priorities. Rather, I would hold that a mortgagee may also waive its superior priority rights if the mortgagee acquiesces to and benefits from the receivership.

In support of its conclusion that a receiver may only obtain superior priority in relation to a mortgagee *234“when the mortgagee has unequivocally waived this statutory right of first priority [under MCL 600.3236],” the majority…