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)

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