Leeal et al v. Ditech Financial LLC, f/k/a Green Tree Servicing, LLC

Filing 60

JUDGMENT. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MATI LEEAL, et al.,
Plaintiffs,

Case No. 17-cv-10645
Hon. Matthew F. Leitman

v.
DITECH FINANCIAL LLC,
F/K/A GREEN TREE SERVICING, LLC,
Defendant.
__________________________________________________________________/
JUDGMENT
In accordance with the Court’s Opinion and Order Granting Defendant’s
Renewed Motion for Summary Judgment (ECF No. 55), dated March 5, 2020, and
the Court’s Order Granting Defendant’s Motion to Dismiss Defendant’s
Counterclaims (ECF No. 58), dated May 27, 2020,
IT IS HEREBY ADJUDGED AND DECLARED that:
 Judgment is entered in favor of Defendant Ditech Financial LLC (“Ditech”)
and against Plaintiffs Mati Leeal and Malka Leeal on all of the claims raised
against Ditech in the Leeals’ Complaint (ECF No. 1, PageID.22–25).
 It is further declared that:

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A. The September 17, 2015, Default Judgment entered by the Oakland
County Circuit Court, Case No. 15-46929-CH, is not binding on
Ditech;
B. The Mortgage – dated November 16, 2007, and recorded in Liber
39796 (see Mortgage, ECF No. 49-1, PageID.1170–1178; Note,
ECF No. 49-1, PageID.1166–1168) – remains a valid and
enforceable first lien Mortgage against the property at 29249
Chelsea Crossing, Farmington Hills, Michigan, as Mati Leeal and
Malka Leeal could not adjudicate the underlying validity of the Note
and Mortgage when the proper parties in interest were not named or
represented in the 2015 action before the Oakland County Circuit
Court; and
C. Ditech is entitled to exercise its statutory and contractual rights
under the Mortgage, including foreclosure.
 Counts II and III of Ditech’s Counter-Complaint (ECF No. 17, PageID.539–
544) are DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
DAVID J. WEAVER
CLERK OF COURT
By: s/Holly A. Monda
Deputy Clerk
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Approved:
s/Matthew F. Leitman
MATTHEW F. LEITMAN
United States District Judge
Dated: June 23, 2020
Flint, Michigan

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