Buntyn v. JPMorgan Chase Bank, N.A. et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 44 Report and Recommendations, and the court hereby dismisses plaintiff's complaint with prejudice. Signed by District Judge Henry T. Wingate on 2/19/14 (TRS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN (JACKSON) DIVISION
NEIL BUNTYN
VS.

PLAINTIFF
NO. 3:13CV19-HTW-LRA

JP MORGAN CHASE BANK, N.,A.;
REGIONS BANK;
SAFEGUARD PROPERTIES, LLC;
and JOHN DOES 1-5

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the court pursuant to the Report and Recommendation
of United States Magistrate Judge Michael T. Parker and the written objection to the
proposed findings and recommendation. Based on the evidence therein contained, this
court, having given full consideration to the aforesaid objection, finds the same not well
taken.
On August 22, 2013, Magistrate Judge Parker recommended that plaintiff, Neil
Buntyn’s (“Buntyn”) claims be dismissed as they are barred by the relevant statutes of
limitations. Judge Parker stated that “[i]n accordance with the rules and 28 U.S.C. §
636(b)(1), any party within fourteen days after being served a copy of this
recommendation, may serve and file written objections to the recommendations” [docket
no. 44]. The docket entry accompanying Judge Parker’s Report and Recommendation
declared that objections to the Report and Recommendation were due by September 5,
2013 [docket entry for docket no. 44].
On September 6, 2013, a day after the fourteen days allotted for objections to
Judge Parker’s Report and Recommendation, plaintiff filed his objection [docket no. 45].

In his objection, Buntyn erroneously asserts, for the first time, that the statute of
limitations on his claim for wrongful foreclosure should not have accrued until Chase
had taken clear title of his property. The statute of limitations on a claim for wrongful
foreclosure, however, accrues on the day of the disputed foreclosure. See Commercial
Services of Perry, Inc. v. Federal Deposit Insurance Corp., 199 F.3d 778, 780 (5th Cir.
2000). Chase Home Finance conducted a foreclosure sale and conveyed title to the
subject property to Chase Homesales, Inc. on May 13, 2009. The statute of limitations
on plaintiff’s wrongful foreclosure claim, therefore, accrued on May 13, 2009. Plaintiff
did not commence this action until December 7, 2012, after the three-year statute of
limitations had run.
This court, therefore, adopts the Report and Recommendation of the United
States Magistrate Judge as the order of this court and the court hereby dismisses
plaintiff’s complaint with prejudice.
SO ORDERED AND ADJUDGED, this, the 19th of February, 2014.

s/ HENRY T. WINGATE_________________
UNITED STATES DISTRICT COURT JUDGE