Yuille v. American Home Mortgage Services, Incorporated et al

Filing 138

ORDER Adopting 133 Report and Recommendation, granting 127 Motion for Summary Judgment filed by Deutsch Bank National Trust Company GSR Mortgage Loan Trust 2006-0A1, Mortgage Electronic Registration Systems, Incorporated, American Home Mortgage Services, Incorporated,and denying 128 Motion for Summary Judgment filed by Bruce H. Yuille Signed by District Judge Bernard A Friedman. (CMul)

Yuille v. American Home Mortgage Services, Incorporated et al

Doc. 138

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRUCE H. YUILLE, Plaintiff, vs. AMERICAN HOME MORTGAGE SERVICING, INC., et al., Defendants. ______________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S OPINION AND ORDER, OVERRULING PLAINTIFF'S OBJECTIONS, AND GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT I. Introduction On September 22, 2010, Magistrate Judge Donald A. Scheer issued a Report and Recommendation ("R and R") in which she recommended that the Court grant Defendants' Motion for Summary Judgment. II. Analysis Plaintiff filed a timely objection to the R and R, and Defendants filed a timely response to Plaintiff's objections. Plaintiff's objections, however, are not persuasive, and the Court, having had an opportunity to fully review this matter, believes that Magistrate Judge Scheer has reached the correct conclusions for the proper reasons. Plaintiff's objections are without merit, and lack legal support. Plaintiff has not presented any legal support for his arguments that he should be able to retain a $3.6 million mortgage loan free and clear of any obligation to repay the loan. Plaintiff's arguments were fully analyzed within the Case No. 09-11203 HON. BERNARD A. FRIEDMAN

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body of Magistrate Judge Scheer's R and R, and the Court will not re-analyze them here, as Plaintiff does not present any new or compelling arguments which lead the Court to find that Magistrate Judge Scheer's R and R was in error. Magistrate Judge Scheer properly noted that Plaintiff's quiet title claim is barred; that Plaintiff's defamation claim should be dismissed; that Plaintiff's fraud claim is inadequately plead; and that the Michigan Consumer Protection Act, MCL § 445.904 does not apply to residential mortgage transactions. III. Order Accordingly, IT IS ORDERED that Magistrate Judge Scheer's Report and Recommendation, dated September 22, 2010, is hereby accepted and adopted. IT IS FURTHER ORDERED that Defendants' motion for summary judgment is GRANTED.

Dated: October 25, 2010 Detroit, Michigan

s/Bernard A. Friedman_____________ BERNARD A. FRIEDMAN UNITED STATES DISTRICT JUDGE