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No. 119959
| Paul Dressel and Theresa Dressel, |
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Christopher G. Hastings (616) 454-8300 |
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Plaintiffs-Appellees,
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| vs (Appeal from Ct of Appeals) |
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| (Kent - Kolenda, D.) |
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AmeriBank,
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William K. Holmes (616) 752-2000 |
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Defendant-Appellant,
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on
Appeal>>
Plaintiffs-Appellees'
Reply Brief to Amicus Briefs of Huntington National Bank and
Rock Financial Corporation>>
Defendant-Appellant's Brief on
Appeal>>
Defendant-Appellant's Reply
Brief on Appeal>>
Calhoun County Bar Association Amicus
Curiae Brief>>
Homestead USA, Inc.'s Amicus
Curiae Brief>>
Huntington National Bank's and Rock Financial's Amici
Curiae Brief>>
Huntington National Bank's and Rock Financial's Amici
Curiae Reply Brief>>
Michigan Association of Community Bankers
Amicus Curiae Brief>>
Michigan Association of Relators Amicus
Curiae Brief>>
Michigan Bankers Association Amicus
Curiae Brief>>
Michigan Land Title Association Amicus
Curiae Brief>>
Michigan League of Community Banks' Amicus
Curiae Brief>>
Michigan Migrant Legal Assistance Project, Inc. Amicus
Curiae Brief>>
Michigan Mortgage Lenders Association and Michigan Mortgage
Brokers Association Amicus
Curiae Brief>>
National Consumer Law Center & National Association of Consumer
Advocates
Amici
Curiae Brief >>
State Bar of Michigan Amicus Brief>>
Background
In November 1997, Paul and Theresa Dressel closed on a home mortgage
with AmeriBank. Ameribank charged the Dressels $400 to for "document
preparation." In December 1998, the Dressels sued Ameribank in
Kent County Circuit Court. The Dressels argued that the charge for completing
mortgage documents constituted the unauthorized practice of law, was
illegal under the laws regulating banks in Michigan, violated the Michigan
Consumer Protection Act (MCPA), and ignored Michigan common law. The
case was certified as a class action on March 22, 1999, to provide potential
relief for any borrowers who had also been charged the "document
preparation" fee. Kent County Circuit Judge Dennis Kolenda dismissed
the plaintiffs' suit. He concluded that Ameribank's document preparation
was not the practice of law. The judge indicated that the fee was merely
an effort to pass along costs and earn a profit. The Court of Appeals
reversed in a published decision. The unanimous panel concluded that
“Defendant engaged in the unauthorized practice of law when it
charged a separate fee for the preparation of legal documents. AmeriBank
appealed.
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