Old Kent Bank v. Whitaker Construction Co.

Defendant Whitaker Construction Company appeals as of right an order of the Kalamazoo Circuit Court granting plaintiff Old Kent Bank of Kalamazoo’s motion for summary disposition. We reverse and remand.

This case arises out of two competing security interests in a construction project involving the DeLisle Building in Portage, originally owned by Mark and Beverly DeLisle. In 1989, the DeLisles recorded a mortgage in favor of plaintiff securing a construction loan of over $1 million. In 1990, defendant recorded a construction lien in the amount of $128,008.37 against the property for work it…