Nazar Hindo, et al v. Bank of New York Mellon

Filing

OPINION filed : AFFIRMED, decision not for publication. Eugene E. Siler , Jr., Circuit Judge; John M. Rogers, (AUTHORING), Circuit Judge; and Deborah L. Cook, Circuit Judge.

Case: 14-1857

Document: 20-1

Filed: 03/03/2015

Page: 1

NOT RECOMMENDED FOR PUBLICATION
File Name: 15a0166n.06
No. 14-1857

UNITED STATES COURTS OF APPEALS
FOR THE SIXTH CIRCUIT
NAZAR R. HINDO; NADA HINDO,
Plaintiffs-Appellants,
v.
BANK OF NEW YORK MELLON, fka The Bank of
New York Mellon, fka The Bank of New York, as
Trustee for the Certificateholders of CWALT, Inc.,
Alternative Loan Trust 2007-OH2, Mortgage Passthrough Certificates, Series 2007-OH2,
Defendant-Appellee.

BEFORE:

)
)
)
)
)
)
)
)
)
)
)

FILED
Mar 03, 2015
DEBORAH S. HUNT, Clerk
ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN

SILER, ROGERS, and COOK, Circuit Judges.

ROGERS, Circuit Judge. The Hindos took out a mortgage on a piece of real property in
Michigan, but later defaulted. The property was sold to the Bank of New York Mellon at a
sheriff’s sale. New York Mellon filed an eviction action in Michigan state court and shortly
afterward, the parties entered into a consent judgment granting New York Mellon possession of
the property. Two months later, the Hindos sued New York Mellon in state court seeking to
quiet title and alleging that the foreclosure violated various state laws. New York Mellon
removed to federal court and moved to dismiss, arguing that the state court consent judgment had
claim preclusive effect on the new suit. The district court agreed and dismissed the case.
Because the district court opinion was thorough and well-reasoned, an additional opinion by this

Case: 14-1857

Document: 20-1

Filed: 03/03/2015

Page: 2

No. 14-1857, Hindo, et al. v. The Bank of New York Mellon
court would be duplicative.1 For the reasons given in the district court’s opinion, we affirm. See
Hindo v. Bank of N.Y. Mellon, No. 13-12912, 2014 U.S. Dist. LEXIS 77966 (E.D. Mich. June 9,
2014).

1

At the district court, the Hindo’s counsel “completely failed to present a cognizable argument to support his
clients’ claims.” The district court encouraged the Hindo’s counsel “to spend more time preparing filings” to
“avoid such failures—and sanctions—in the future.” The Hindo’s counsel did not heed the district court’s advice,
submitting to this court word-for-word the res judicata arguments the district court criticized.

-2-