Midland Funding LLC v. Michael Bassett
328720
| Mich. Ct. App. | Dec 13, 2016Background
- Bassett is sued by Midland Funding for a FIA Card Services debt; assignment chain runs FIA Card Services -> Asset Acceptance -> Midland Funding.
- Midland Funding attempted to prove assignment via affidavits and records; Bassett contested lack of proper assignment and insufficient notice.
- Midland Financing sought summary disposition but failed to provide sufficient assignment proof; court required evidence of assignment for trial.
- Midland provided late MRE 902(11) records and affidavits one day before trial; Bassett objected to late notice and admissibility.
- Trial court admitted the late records and granted Midland a directed verdict; on appeal, the record proofs of assignment were found lacking due to notice issues.
- Court vacates the directed verdict and remands for a new trial, emphasizing proper 902(11) notice requirements for business records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of 902(11) records was proper | Midland contends records are self-authenticating business records. | Bassett argues late notice violated MRE 902(11) and prejudiced him. | Directed verdict reversed; admissibility basis rejected due to defective notice. |
| Whether Midland proved a valid assignment to collect | Midland asserts assignment chain established ownership of the Bassett debt. | Bassett contends no proper proof of assignment to Midland Funding. | Evidence insufficient; no proper foundation for Midland's standing; remand for new trial. |
| Whether the directed verdict was proper | Record evidence supported Midland's entitlement to collect. | Trial court erred by granting verdict without proper authentication and notice. | Directed verdict vacated; remand for new trial. |
Key Cases Cited
- Meagher v. Wayne State Univ., 222 Mich App 700 (1997) (directed verdict standard: requires no genuine factual disputes)
- Detroit v. Detroit Plaza Ltd. Partnership, 273 Mich App 260 (2006) (abuse of discretion standard for evidentiary decisions)
- Dean v. Tucker, 182 Mich App 27 (1990) (court may sanction late witness disclosures)