Wells Fargo Bank v. Cherryland Mall Ltd. Partnership

ON REMAND

This case is before us on remand from our Supreme Court for reconsideration of our prior decision in this matter in light of the Legislature’s recent passage of the Nonrecourse Mortgage Loan Act, 2012 PA 67, MCL 445.1591 et seq. (the NMLA or Act 67). Wells Fargo Bank v Cherryland Mall Ltd Partnership, 493 Mich 859 (2012). On reconsideration, we reject plaintiffs constitutional challenges to the NMLA and hold that it bars plaintiffs claims.

I. FACTS AND PROCEDURAL HISTORY

The facts are set forth at length in our original opinion, Wells Fargo Bank, NA v Cherryland Mall Ltd Partnership,…