Elzein v. Bank of America, N.A.

Filing 10

ORDER granting 5 defendant's Motion to Dismiss. Plaintiff may file an amended complaint within 30 days or dismissal becomes final. Signed by District Judge George Caram Steeh (MBea)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MAHMOUD ELZEIN, Plaintiff, Case No. 12-CV-12373 HON. GEORGE CARAM STEEH v. BANK OF AMERICA, N.A., Defendant. _____________________________/ ORDER GRANTING DEFENDANT’S MOTION TO DISMISS (#5) On April 30, 2012, plaintiff filed this action in Wayne County Circuit Court asserting defendant initiated foreclosure by advertisement after plaintiff requested a loan modification meeting, in violation of the statute. Plaintiff asserts declaratory relief and quiet title claims. Defendant removed the case to this court. On August 8, 2012, defendant filed a motion to dismiss. The motion has been fully briefed. Oral argument occurred at a hearing on the motion on October 15, 2012. At the hearing, plaintiff agreed to dismiss count II, his quiet title claim. For the reasons set forth on the record, the court GRANTS defendant’s motion to dismiss and DISMISSES plaintiff’s complaint without prejudice. Plaintiff may file an amended complaint asserting violations of MCL 600.3205c within 30 days. If plaintiff fails to file an amended complaint within 30 days, this order of dismissal becomes final. IT IS SO ORDERED. Dated: October 15, 2012 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on October 15, 2012, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?