Federal Home Loan Mortgage Corporation v. Thomas et al (MAG2)

Filing 24

OPINION. Signed by Honorable Judge Myron H. Thompson on 2/13/2017. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FEDERAL HOME LOAN MORTGAGE )
CORPORATION,
)
)
Plaintiff and
)
Counter-Defendant,
)
)
v.
)
)
ANTHONY THOMAS,
)
)
Defendant and
)
Counter-Claimant,
)
)
v.
)
)
WELLS FARGO BANK, N.A.,
)
)
Counter-Defendant.
)

CIVIL ACTION NO.
2:16cv742-MHT
(WO)

OPINION
Plaintiff
(“Freddie

Federal

Mac”)

filed

Home

Loan

an

ejectment

defendant Anthony Thomas.
for

trespass,

Mortgage

Corporation

action

against

Thomas filed counterclaims

conversion,

and

negligence

against

Freddie Mac and joined Wells Fargo Bank, N.A. (“Wells
Fargo”) as a defendant to the counterclaims; he also
joined

a

claim

foreclosure.

against

Freddie

Mac

Wells

Fargo

then

removed

for
the

wrongful
case

to

federal court.
the

This lawsuit is now before the court on

recommendation

of

the

United

States

Magistrate

Judge that Freddie Mac and Wells Fargo’s partial motion
to

dismiss

trespass

be

and

denied

foreclosure.
recommendation.
review

of

the

granted

as

as

There
After
record,

to

to

his

claim

no

objections

are
an
the

Thomas’s

independent
court

claims
for

and

concludes

for

wrongful
to

the

de

novo

that

the

magistrate judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 13th day of February, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE