Guaranty Residential Lending, Incorporated v. Homestead Mortgage Company, L. L. C.

Filing 240

ORDER GRANTING MOTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION TO SUBSTITUTE AS THE REAL PARTY IN INTEREST FOR GUARANTY RESIDENTIAL LENDING, INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(c) re 233 Order,. Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GUARANTY RESIDENTIAL LENDING, INC., a Nevada Corporation, and ASSURAFIRST FINANCIAL COMPANY, a Michigan Corporation d/b/a HOMESTEAD USA and HOMESTEAD MORTGAGE Plaintiffs, Counter-Defendants, Cross-Plaintiffs CASE NO. 04-74842 -vsHOMESTEAD MORTGAGE COMPANY, L.L.C., a Michigan Corporation Defendant, Counter-Plaintiff, and BOB FITZNER d/b/a HOMESTEAD MORTGAGE CO., an Individual Counter-Plaintiff, Cross-Defendant PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

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ORDER GRANTING MOTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION TO SUBSTITUTE AS THE REAL PARTY IN INTEREST FOR GUARANTY RESIDENTIAL LENDING, INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(c) This matter comes before the Court on the motion of the Federal Deposit Insurance Corporation, in its capacity as Receiver for Guaranty Bank ("FDIC Receiver"), pursuant to Federal Rule of Civil Procedure 25(c), to substitute itself for Guaranty Residential Lending, Inc. as the real party in interest in this action.1 The Court hereby GRANTS the motion and substitutes the FDIC

1

On November 29, 2007, Guaranty Residential Lending, Inc. merged into Guaranty Bank, Austin, TX. (FDIC Mot. Dkt. No. 230, Ex. A.) On August 21, 2009, Guaranty Bank was closed by the Office of Thrift Supervision and the FDIC was appointed receiver. (FDIC Mot. Dkt. No. 230, Ex. B.)

Receiver as the real party in interest for Guaranty Residential Lending, Inc. effective September 29, 2009. IT IS SO ORDERED.

S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: December 21, 2009 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on December 21, 2009. S/Denise Goodine Case Manager