Goss v. CitiMortgage, Inc. et al
Filing
60
ORDER granting Plaintiff's 56 Motion for Injunctive Relief and Staying Statutory Redemption Period until Furhter Order of the Court. Signed by District Judge Robert H. Cleland. (LWag)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT GOSS, JR.,
Plaintiff,
v.
Case No. 16-14391
CITIMORTGAGE, INC., et al.,
Defendants.
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ORDER GRANTING PLAINTIFF’S MOTION FOR INJUNCTIVE RELIEF AND
STAYING STATUTORY REDEMPTION PERIOD UNTIL FURTHER ORDER OF THE
COURT
Plaintiff Robert Goss, Jr. claims that Defendants have played a part in the
allegedly wrongful foreclosure of his home. (Dkt. #1.) Presently before the court is
Plaintiff’s “Emergency Motion for Injunctive Relief by an Order Staying Redemption.”
(Dkt. #56.) Plaintiff seeks a court order staying the six month statutory period within
which he may redeem his allegedly-defaulted mortgage. He also seeks injunctive relief
preventing Defendants from exercising post-redemption rights, including the right to
initiate summary proceedings evicting Plaintiff from his home.
The court, having reviewed Plaintiff’s “Emergency Motion for Injunctive Relief by
an Order Staying Redemption” (Dkt. #56) and having conducted a hearing with all
parties given an opportunity to respond, has determined that Plaintiff has set forth valid
grounds for injunctive relief under Federal Rule of Civil Procedure 65. Accordingly,
IT IS ORDERED THAT Plaintiff’s “Emergency Motion for Injunctive Relief by an
Order Staying Redemption” (Dkt. #56) is GRANTED.
IT IS FURTHER ORDERED that Defendant CitiMortgage, Inc., Defendant
Nationstar Mortgage, LLC, and Defendant Zana Zaitouna are enjoined and restrained,
whether alone or in concert with others, including any officer, agent, assignee,
successor, representative and/or employee of any Defendants from exercising any post
redemption right under the sheriff’s deed to initiate summary proceedings for Plaintiff’s
eviction from 6263 Malvern Drive, Troy, MI 48096.
IT IS FURTHER ORDERED THAT the redemption period, along with all Plaintiff’s
rights associated with redemption, shall be stayed until further order of this court.
IT IS FURTHER ORDERED THAT this order shall remain in full force and effect
until this court specifically orders otherwise.
IT IS FINALLY ORDERED that this order remains reviewable and amendable as
circumstances may warrant.
The court observes that Defendant Zaitouna was unrepresented at the hearing
due to a death in his attorney’s family. Defendants CitiMortgage and Nationstar, which
had no objection to this order, informed the court that they believed all Defendants—
including Defendant Zaitouna—were on the verge of agreeing to an order substantially
like the present one. The court therefore enters this order without objection, but also
without prejudice as to Defendant Zaitouna’s ability to persuade the court, as
circumstances may warrant, why injunctive relief is improper.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: January 18, 2018
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I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, January 18, 2018, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
(810) 292-6522
S:\Cleland\KNP\Civil\16-14391.GOSS.injunction.KNP2.docx
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