Green Tree Servicing LLC v. Michigan, State of et al

Filing 32

ORDER Granting Summary Judgement In Favor of the State of Michigan. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GREEN TREE SERVICING, LLC,
Plaintiff,

CASE NO: 15-13214
HON. VICTORIA A. ROBERTS

v.
UNITED STATES OF AMERICA,
STATE OF MICHIGAN,
MICHAEL D. WOLF and
RHONDA WOLF

Defendants.
/

ORDER GRANTING SUMMARY JUDGMENT
IN FAVOR OF THE STATE OF MICHIGAN
In an earlier decision, the Court granted summary judgment to the United States
of America, holding that its tax liens were superior to Green Tree’s mortgage in certain
real property, and that the doctrine of equitable subrogation could not bar the federal tax
lien claims because the United States acquired an interest in the property when there
was no mortgage on record in the proper county. See, ECF No. 24. In that Order, the
Court held that Green Tree’s cause of action against the State of Michigan might be
barred for the same reasons. The Court ordered Green Tree to show cause why its
claim against the State of Michigan should not be barred. Green Tree filed a brief and
the State of Michigan responded.

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Green Tree’s arguments are unavailing. For the same reasons set forth in its
prior Order, the Court GRANTS summary judgment to the State of Michigan.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: June 7, 2016
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
June 7, 2016.
S/Carol A. Pinegar
Deputy Clerk

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