Prior report:
294 Mich.App. 37, ––– N.W.2d ––––.
Order
By order of December 29, 2011, the proceedings in this case were automatically stayed by the filing of a petition in bankruptcy. On order of the Court, the bankruptcy stay having been lifted and the case having been reopened, the application for leave to appeal the August 25, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of Residential Funding Co, LLC, f/k/a Residential Funding Corp. v. Saurman, 490 Mich. 909, 805 N.W.2d 183 (2011).
MARILYN J. KELLY, J., would grant leave to appeal.