Opinion
SC: 155047 COA: 333441
06-02-2017
PNC BANK, Plaintiff–Appellant, v. Ercole DISTEFANO, Joanne DiStefano, North CRE Venture 2010–2, LLC, and FCI Lender Services, Inc., Defendants, and Select Commercial Assets, LLC, Defendant–Appellee.
Order
On order of the Court, the application for leave to appeal the November 23, 2016 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
Markman, C.J. (concurring).
I concur in the Court's order of denial. Plaintiff here relies heavily on Cordes v. Great Lakes Excavating & Equip. Rental, Inc. , unpublished per curiam opinion of the Court of Appeals, decided June 7, 2012 (Docket No. 304003), in which that Court held that a mortgagor's affidavit stating that an earlier mortgage on the property had been improperly discharged placed a subsequent purchaser on notice of the first mortgagee's interest and the subsequent mortgagee's interest was thus subordinate. Without determining whether Cordes was rightly decided, I write separately only to note that Cordes is clearly distinguishable from the instant case. In Cordes , the affidavit of erroneous discharge was recorded before the execution and recording of the second mortgage. Here, the affidavit of erroneous discharge was recorded after the second mortgage had been executed and recorded. Only the assignment of the second mortgage occurred after the affidavit of erroneous discharge had been recorded. Thus, whether unpublished or published, Cordes is distinguishable and does not, in my judgment, support plaintiff's claim.