Singer et al v. Chase Home Finance, LLC et al

Filing 7

ORDER granting 5 Motion to Dismiss. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RONALD A. SINGER and
IRENE S. SINGER,
Plaintiff,
Case No. 12-11278
v.
CHASE HOME FINANCE, LLC, and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

Hon. John Corbett O’Meara

Defendant.
________________________________/

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
Before the court is Defendants’ motion to dismiss, filed April 3, 2012. Plaintiffs did not
file a response. Pursuant to L.R. 7.1(f)(2), the court did not hear oral argument.
Plaintiffs challenge the foreclosure sale of their property. However, Plaintiffs lack
standing to challenge the foreclosure sale because the redemption period has expired. See
Overton v. Mortgage Elec. Reg. Sys., 2009 WL 1507342 (Mich. App. May 28, 2009) (“Once the
redemption period expired, all of plaintiff’s rights in and title to the property were
extinguished.”); Moriarty v. BNC Mortgage, Inc., 2010 WL 5173830 (E.D. Mich. Dec. 10, 2010)
(Duggan, J.) (finding that after the redemption period expired, plaintiff lacked standing to
challenge the foreclosure/sheriff’s sale). In addition, Plaintiffs have not alleged fraud or other
irregularity in the conduct of the sheriff’s sale. See Stein v. U.S. Bancorp, 2011 WL 740537 at
*6 (E.D. Mich., Feb. 24, 2011) (Cook, J.) (“[A] court has no authority to set aside a properly
conducted foreclosure in the absence of a clear showing of fraud, accident, or mistake in the
foreclosure proceedings.”).

For these reasons, IT IS HEREBY ORDERED that Defendants’ motion to dismiss is
GRANTED and the complaint is DISMISSED.

s/John Corbett O’Meara
United States District Judge
Date: May 31, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record
on this date, May 31, 2012, using the ECF system.

s/William Barkholz
Case Manager

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