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A Better Partnership
May 14, 2014

COA finds that "partial" acceptance of a single case evaluation award is not effective

In Mercantile Bank Mortgage Co., LLC v, NGPCP/Brys Centre, LLC, the Court of Appeals was faced with the interpretation of a partial acceptance of a single case evaluation award.  In this case, Plaintiff had asserted claims against multiple different defendants. Under MCR 2.403(K)(3), the case evaluation panel should have issued separate awards as between the plaintiff and each defendant.  This panel, however, issued a single award as to the multiple defendants.  In response, the Plaintiff accepted the single award as to some of the defendants and rejected it as to others.  The Court of Appeals held that the trial court erred by finding that the Plaintiff could partially accept the award, but also held that such partial acceptance constituted a rejection of the entire case evaluation award.  Thus, the Court rebuffed Defendants' arguments that Plaintiff's partial acceptance of the case evaluation award resolved the whole case.  Additionally, the Court of Appeals upheld prior case law that a mortgagor is entitled to credits on the indebtedness for payments made prior to a judgment of foreclosure, and remanded the matter for a determination of the credits due.

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