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BANK OF AMERICA, NA, Plaintiff–Appellant, v. FIRST AMERICAN TITLE INSURANCE COMPANY, Patriot Title Agency, Kirk D. Schieb, Westminster Abstract Company, Westminster Title Agency, Inc., Prime Financial Group, Inc., Valentino M. Trabucchi, Pamela S. Notturno, f/k/a Pamela S. Siira, Douglas K. Smith, Joshua J. Griggs, State Value Appraisals, LLC, Nathan B. Hogan, and Christine D. Mays, Defendants–Appellees, and Fred Matson, Michael Lynett, Jo Kay James, and Paul Smith, Defendants.

Order

On order of the Court, the application for leave to appeal the March 27, 2014 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether a separate contract between the lender and the closing agent existed outside of the closing protection letters; (2) whether there was a genuine issue of material fact regarding the closing agent's violation of the terms of the lender's written closing instructions; and (3) whether the full credit bid rule of New Freedom Mortgage Corp. v. Globe Mortgage Corp., 281 Mich.App. 63, 761 N.W.2d 832 (2008), is a correct rule of law and, if so, whether it applies to this case.

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

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Bank of Am. NA v. First Am. Title Ins. Co.
(Nov 19, 2014)