Legal Opinion
Smith v. General Mortgage Corp.
Michigan Court of Appeals
Decided March 1, 1977No. Docket 24822PublishedCited by 11 opinions
1Opinion of the CourtAllen, P. J.
Where fire occurs before a mortgage foreclosure at which the mortgagee has bid in the property for the balance remaining due on the mortgage, who, as between mortgagor and mortgagee is entitled to the fire insurance proceeds? This question of apparent first impression in Michigan, though considered in other jurisdictions, comes to us following the trial court’s grant of summary judgment in favor of defendant mortgagees.
The mortgage in question was issued on January 4, 1969. The named mortgagee was defendant General Mortgage Corporation. That defendant is *722actually a servicing agent for…
2Cases cited8 opinions
- Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Stachnik v. WinkelMichigan Supreme Court · 1975
- Northwestern National Insurance Co. v. MildenbergerMissouri Court of Appeals · 1962
- Smith v. Grange Mutual Fire InsuranceMichigan Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Calvert Fire Insurance Company v. Environs Development Corporation, Pringle Associated Mortgage Corporation, Calvert Fire Insurance Company v. Environs Development Corporation, Pringle Associated Mortgage Corporation, O'Neal Construction Co., Movant-AppellantCourt of Appeals for the Fifth Circuit · 1979
- Smith v. General Mortgage Corp.Michigan Supreme Court · 1978
- Detroit Bank & Trust Co. v. GroutMichigan Court of Appeals · 1980
- Wilson v. GlancySupreme Court of Oklahoma · 1996
- In Re Conant EstateMichigan Court of Appeals · 1983
6 more not listed; retrieve them via the Exa API.