Rankin v. Brian Lavan & Associates, P.C.

438 F. App'x 420
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 23, 2011
DocketNo. 09-1087
StatusPublished
Cited by13 cases

This text of 438 F. App'x 420 (Rankin v. Brian Lavan & Associates, P.C.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rankin v. Brian Lavan & Associates, P.C., 438 F. App'x 420 (6th Cir. 2011).

Opinion

WELLS, District Judge:

In their pro se petition, Appellants William and Shirley Rankin, husband and wife, seek to vacate the bankruptcy court’s several decisions involving the Rankins’ legal efforts to remedy perceived harms visited upon them in a residential real estate purchase gone awry. The Rankins, first, challenge the bankruptcy court’s summary judgment of their multiple state-law claims against entities involved in the sale of the private residence, including defendants Joel Dault, Progressive Title Insurance Agency, Inc., and Commonwealth Land Title Insurance (hereinafter “the Title Defendants”). (Nos. 06-14084 & 06-14910). The Rankins also seek to unwind [422]*422the bankruptcy court’s decision to allow the Chapter 7 Trustee, defendant Collene Corcoran (“Trustee”), to compromise a claim arising from another state-court suit initiated by the Rankins against the owners of the residential property, defendants Paul Wood, deceased, and Karla VolkeWood (“the Woods”). (No. 06-14179). Finally, the Rankins seek to avoid the bankruptcy court’s award of sanctions against them for a series of filings directed at a number of entities, individuals and organizations. (No. 06-13726). The district court consolidated these four matters into a single bankruptcy appeal and affirmed.

For the reasons set forth below, we affirm the bankruptcy court’s determinations as to the Trustee’s compromise claim and the award of sanctions. We also affirm the dismissal of the Rankins’ claims against the Title Defendants, but do so on jurisdictional grounds.

I. Background

These matters arise from the Rankins’ failed efforts to purchase a private residence, located on Charring Cross Circle in Whitmore Lake, Michigan (“Charring Cross property”), in which they lived as vendees under a land contract with the Woods. In 1999, the Rankins fell behind on their land contract payments and the Woods secured a judgment of possession against the Rankins requiring payment of arrears to reinstate the land contract. The Rankins failed to timely pay the arrearage and the Woods were awarded possession of the Charring Cross property.

The Rankins sought to retain possession of the home and negotiated with the Woods for an outright purchase. The Rankins maintain that an agreement was reached and they arranged for a mortgage. According to the testimony of Paul Wood, the agreed upon purchase price for the home was $285,000, plus payment of past due sums under the land contract.

Shortly after reaching the agreement, the Woods were notified by the Rankins’ mortgage broker, Federal Mortgage, that the Rankins had arranged for financing in order to complete the purchase. On 1 February 2002, defendant Progressive Title received a request from Federal Mortgage to provide a mortgage title insurance commitment for a refinance transaction for the property. The title commitment was prepared solely for Federal Mortgage. Federal Mortgage directed Progressive Title to perform escrow closing services for the transaction, and issued closing instructions shortly thereafter. Progressive Title prepared the closing documents, including a land contract pay-off statement and settlement statement pursuant to the instructions it received from Federal Mortgage.

On 11 February 2002, the Rankins met to sign the necessary documents in order to complete the purchase of the home, including a settlement statement, and a disclaimer acknowledging that Progressive Title was hired to conduct the closing and issue title insurance to the lender and owed no obligation to the Rankins. Defendant Joel Dault represented Progressive Title at this meeting.

The next day, Federal Mortgage instructed Progressive Title to amend the settlement statement to add $10,000 to be paid to P.C. Law Center as a fee payable by the Rankins related to the closing. This change required the Rankins to come up with an additional $10,000 “out of pocket” to pay at closing.

On 13 February 2002, the Woods signed a Warranty Deed and delivered it to Progressive Title on the express condition that Progressive hold the deed in escrow until: (1) the written purchase and closing documents, including an agreed upon closing statement were fully executed, and (2) the [423]*423full amounts due the Woods were available. After signing the deed, the Woods refused to sign the amended pay-off statement as it showed payment to them of less than the agreed upon amount.

On 14 February 2002, $286,000 was wired by the mortgagee to Progressive Title to hold in escrow for disbursement upon consummation of the transaction. On the same day, Federal Mortgage informed Mr. Wood that the Rankins did not have enough money to complete the transaction, and wished to lower the purchase price in order to be able to close the sale.

Later on 14 February 2002, Federal Mortgage offered the Woods a second mortgage on another piece of property owned by the Rankins to secure a deferred payment to the Woods of the closing shortfall. The Woods refused the offer. On 20 February 2002, the Woods confirmed with Progressive Title their intent not to close the sale of the house.

A series of legal filings followed. On 21 February 2002, the Rankins filed their Chapter 7 Bankruptcy Petition. On 4 January 2004, acting pro se, the Rankins filed a complaint in Oakland County Circuit Court against the Title Defendants. The complaint averred multiple claims, including breach of fiduciary duty, “breach of closing,” credit defamation, breach of contract and guaranty, fraud as to Joel Dault, “pierce the corporate veil,” and mental distress.

The Trustee removed to the bankruptcy court the Rankins’ suit against the Title Defendants. The Title Defendants moved for the dismissal of the case pursuant to FRCP 12(b)(6) and Bankruptcy Rule 7012, and for an award of summary judgment pursuant to FRCP 56(c) and Bankruptcy Rule 7056. The Rankins did not respond to either motion, nor did the Trustee. Instead, the Rankins filed an amended complaint, an answer to the Affidavit of Joel Dault that the Court construed as a response to the Title Defendants’ motion for summary judgment, and a response to the Title Defendants’ motion to dismiss relying on their answer to the Affidavit of Joel Dault.

The bankruptcy court treated the Ran-kins’ amended complaint as properly filed for the purposes of its opinion. In addition, the bankruptcy court proceeded to determine the matter on the merits as presented. The bankruptcy court did so while noting that, because the events giving rise to the complaint occurred prior to the Bankruptcy filing on 21 February 2002, the proceedings became part of the bankruptcy estate property but were, instead, being pursued by the Rankins individually. The bankruptcy court, further, noted that the Trustee had removed the matter from state court but had taken little or no part in the proceedings following that action. Nevertheless, the Trustee had not formally abandoned the matter. The bankruptcy court awarded the Title Defendants summary judgment.

Again appearing pro se, the Rankins filed a state court action against the Woods to quiet title in the Charring Cross property and to recover damages. The Rankins did not disclose any interest in the Charring Cross property in their bankruptcy petition.

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Cite This Page — Counsel Stack

Bluebook (online)
438 F. App'x 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rankin-v-brian-lavan-associates-pc-ca6-2011.