Jackson v. Bank of America, N.A.

67 F. Supp. 3d 828, 2014 U.S. Dist. LEXIS 172689, 2014 WL 7157172
CourtDistrict Court, E.D. Michigan
DecidedDecember 15, 2014
DocketNo. 14-CV-11073
StatusPublished

This text of 67 F. Supp. 3d 828 (Jackson v. Bank of America, N.A.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Bank of America, N.A., 67 F. Supp. 3d 828, 2014 U.S. Dist. LEXIS 172689, 2014 WL 7157172 (E.D. Mich. 2014).

Opinion

OPINION AND ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

Plaintiff Weston K. Jackson (now deceased) commenced this suit, through his estate, in Wayne County Circuit Court on January 6, 2013, .asserting claims against Defendants Bank of America, N.A.; Set-erus, •• Inc.; and the Federal National Mortgage Association, arising from the foreclosure sale of his home in Westland, Michigan. Plaintiff claims that Defendants initiated the foreclosure without properly assisting him in negotiating a modification of his loan, in violation of M.C.L. § 600.3205c (2011). Defendants removed the case to this Court on March 13, 2013, and Defendants have now filed a Motion to Dismiss.1 Collectively, Defendants argue that (1) Plaintiff lacks standing to bring this suit because the statutory redemption period for the foreclosure has passed; and (2) Plaintiff has failed to sufficiently allege a violation of Michigan’s loan modification laws.

Having reviewed and considered the parties’ briefs and supporting documents [830]*830and the entire record of this matter, the Court has determined that the pertinent allegations and legal arguments are sufficiently addressed in these materials and that oral argument would not assist in the resolution of this motion. Accordingly, the Court will decide the parties’ motions “on the briefs.” See L.R. 7.1(f)(2). This Opinion and Order sets forth the Court’s ruling.

II. PERTINENT FACTS

Plaintiff Winston K. Jackson and his now-ex-wife, Trenna Jackson, originally purchased the property at issue in this case, 30234 Julius Blvd., Westland, MI 48185 (“the Property”), for $60,000 in March 1994. Pi’s Compl., Ex. 1, Dkt. # 1-2. In 2004, the Jacksons borrowed $82,000 from Quicken Loans, Inc. (“the Loan”), secured by a mortgage (“the Mortgage”) against the Property. Def. Seterus and Fannie Mae’s Mot. to Dismiss, Ex. 2, Dkt. # 13-3. Mortgage Electronic Registrations Systems, Inc. (“MERS”) served as the nominee for the lender, id., and Bank of America, N.A. (“BANA”), was the servi-cer of the Mortgage, see Def. BANA’s Mot. to Dismiss, Ex. C., Dkt. # 11-4.

The Jacksons apparently carried out the terms of the Mortgage for about 9 years. They divorced in 2011, and Mr. Jackson retained all rights to the Property.2 On October 1, 2011, just over a year before Plaintiffs default on the loan, BANA. transferred servicing of the Loan to Seter-us, Inc., which serviced the Loan until the time of this litigation.3 Id. Plaintiff passed away on January 3, 2013, and defaulted on the loan at some point in early 2013.4 Pl.’s Resp. to Def.’s Mot. to Dismiss, Ex. A, Dkt. #20-2. In response to the default, Seterus sent a letter, dated February 15, 2013, to Mr. Jackson, noticing the default.5 Def. Seterus and Fannie Mae’s Mot. to Dismiss, Ex. 5, Dkt. # 13-6. The letter informed Mr. Jackson that he was “in default under the terms of [his] loan, but it is not too late to work together to find a better solution.” Id. The letter continued, stating that

[w]e want to help you minimize the negative impact of letting your loan continue in delinquency. We must obtain your updated financial information and other required documentation for us to consider a solution. The Borrower Response Package enclosed refers to important documents we need immediately to search for a solution for you.
We will provide you with an answer within approximately 30 days from the date we receive all of the required items.... Please keep a copy of the documents provided, as we will not return them to you.

Id. A second, nearly identical, letter, dated March 2, 2013, was also sent to Mr. Jackson. Id.

[831]*831Mr. Jackson’s estate apparently did not respond to either letter, and on April 8, 2013, Orlans Associates, PC (“Orlans”) sent a letter to both Winston Jackson and Trenna Jackson at the Property noting that Seterus had referred the loan to Or-lans to begin the foreclosure process. Id. The letter noted that “[i]f you have not already, you may provide information to Seterus, Inc. about your situation and in return Seterus, Inc. may use the information to determine whether you qualify for temporary or long-term relief which may include options that allow you to stay in your home (forbearance, repayment plan, modification).Id.

Three days later, attorney Aliva Arabo, on behalf of Plaintiff, sent a facsimile to Orlans containing several documents, including Mr. Jackson’s death certificate, a letter appointing nonparty Sharrina Jackson as Personal Representative of Mr. Jackson’s estate, and a letter of authorization allowing Arabo to represent the estate regarding Mr. Jackson’s mortgage. PL’s Resp. to Def.’s Mot. to Dismiss, Exs. B-C, Dkt. #20-2, 20-3. The facsimile cover sheet also included the text," “We are requesting a mediation for our client.” Id.

The factual record at this point becomes less clear. Plaintiff alleges in its brief that Mr. Jackson’s Estate, “through its attorney Aliva Arabo, submitted all of the necessary financial documents to Orlans for a loan modification for the family of Mr. Jackson.” Pl.’s Resp. to Def.’s Mot. to Dismiss, at 2. Plaintiff has not, however, put any such documents on the record here, and the complaint itself makes no mention of specific documents. Defendants Seterus and the Federal National Mortgage Association (“Fannie Mae”) maintain that “Plaintiff initially sought a loan modification, but never successfully completed the process” and that “[s]pecifi-eally, the individual applying for the loan modification failed to prove he was the fiduciary or executor of Jackson’s estate when he did not produce the requested documents.” Seterus and Fannie Mae’s Mot. to Dismiss, Ex. 2, Dkt. # 13-3 at 3-4. As evidence for this, Seterus and Fannie Mae provide a “Statement of Compliance” made by Orlans attorney Nakia H. Robinson and filed with the Wayne County Register of Deeds on July 9, 2013, stating that “[Jackson’s Estate] is not eligible for the protections under [Michigan’s loan modification statute] as he/she has not claimed the subject property as a principal residence].” Def. Seterus and Fannie Mae’s Mot. to Dismiss, Ex. 4, Dkt. # 13-5.

On April 16, 2013, MERS assigned the Mortgage to Fannie Mae. Id. at Ex. 3, Dkt. # 13-4. With no loan modification process moving forward, Seterus proceeded with a foreclosure by advertisement. On June 3, 2013, it posted a Notice of Foreclosure at the Property, and it published such notice in the Detroit Legal News on May 31, June 7, June 14, and June 21, 2013. Id. at Ex. 4, Dkt. # 13-5. The Property was sold to Fannie Mae at a sheriffs sale held on July 11, 2013, for $75,122.44. Id. Pursuant to Michigan law, Plaintiff was given six months to redeem the Property for the amount paid at the sheriffs sale — that redemption period was set to expire on January 11, 2014.

On January 6, 2014, just prior to the expiration of the redemption period, Plaintiff brought this suit in Wayne County Circuit Court. Pi’s Compl., Dkt. # 1-2. Plaintiffs complaint asserts four claims for relief, all predicated on the theory that Defendants failed to follow the correct procedure in seeking a possible loan modification for Plaintiff. Plaintiffs complaint makes claims of quiet title (Count I), id.

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Cite This Page — Counsel Stack

Bluebook (online)
67 F. Supp. 3d 828, 2014 U.S. Dist. LEXIS 172689, 2014 WL 7157172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-bank-of-america-na-mied-2014.