Opinion
No. 129178.
May 17, 2006.
SC: 129178, COA: 252059.
Summary Dispositions.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgments of the Court of Appeals and the Oakland Circuit Court and remand this case to the Oakland Circuit Court for further proceedings. Defendants claim that plaintiffs purchased the property at a foreclosure sale after fraudulently misrepresenting to defendants that if defendants removed the property from the market, plaintiff would act as defendants' attorney in dealing with the mortgage company and would purchase the property before foreclosure. Summary disposition was improper because genuine issues of material fact exist on defendants' claim that plaintiffs secured title to the property by means of fraudulent misrepresentations. McKie v Oakland Mortgage Co, 277 Mich 292, 294-295 (1936); Gates v Sutherland, 76 Mich 231, 233 (1889); Cleland v Taylor, 3 Mich 201 (1854). We do not retain jurisdiction. Court of Appeals No. 252059.