United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION
TO DISMISS (DOC. 7) AND DISMISSING CASE
COHN UNITED STATES DISTRICT JUDGE.
Philip Davis Jr., proceeding pro se, filed a
complaint naming “Countrywide Home Loans aka Bank of
America” as defendants. As best as can be gleaned,
plaintiff alleges that defendants have engaged in fraudulent
and deceptive acts and also discriminated against plaintiff
on the basis of his race. As will be explained, this is
plaintiff's fifth in a series of lawsuits brought in
several jurisdictions against defendants challenging the
mortgage and defendants bad practices. All of plaintiff's
prior lawsuits have been dismissed.
the Court is defendants' motion to dismiss. (Doc. 7). For
the reasons that follow, defendants' motion will be
granted and the case will be dismissed.
light of plaintiff's history of filing multiple lawsuits
challenging the mortgage, the Court will enter a separate
order enjoining plaintiff from filing any further lawsuits in
this district regarding this subject matter without leave of
Plaintiff's Loan Transactions
2, 2003, plaintiff obtained a loan in the amount of $159,
150.00 (First Loan) from Quicken Loans, Inc. to finance the
purchase of residential property in Redford, Michigan. As
security for the First Loan, plaintiff granted a mortgage in
favor of Mortgage Electronic Registration Systems, Inc.
(MERS) solely as nominee for the Lender and Lenders
successors and assigns (the 2003 Mortgage). The 2003 Mortgage
was recorded with the Wayne County Register of Deeds on June
January 11, 2008, plaintiff refinanced the First Loan through
a loan in the amount of $165, 886.00 (the Refinanced Loan)
from Security Atlantic Mortgage Co. Inc. (Security Atlantic).
As security for the Refinanced Loan, plaintiff granted a
mortgage in favor of MERS solely as nominee for the Lender
and Lenders successors and assigns (the 2008 Mortgage) on the
property. The 2003 Mortgage was discharged by MERS on
February 2, 2008. The Discharge was recorded in the Wayne
County Register of Deeds. Security Atlantic assigned the 2008
Mortgage to Bank of America, N.A. (BANA) by an assignment
dated July 2, 2012 and recorded with the Wayne County
Register of Deeds. BANA then assigned the 2008 Mortgage to
Nationstar Mortgage, LLC by Assignment dated July 16, 2013
and recorded with the Wayne County Register of Deeds.
29, 2004, plaintiff filed for Chapter 13 bankruptcy in the
United States Bankruptcy Court for the Eastern District of
Michigan, case no. 04-58347. On March 20, 2008, the Chapter
13 Trustee issued a Final Report and Account and the
bankruptcy was closed by order of the Bankruptcy Court.
Plaintiff's First Lawsuit - Wayne County Circuit Court
1, 2008, plaintiff, through counsel, filed suit in the Wayne
County Circuit Court against Countrywide Home Loans, Inc.,
Rock Financial Corporation and Security Atlantic. Davis v.
Countrywide, case no. 08-111203-CH (Wayne County Cir. Ct)
(the State Court Lawsuit) relating to his First Loan and 2003
Mortgage. Plaintiff asserted claims of wrongful foreclosure,
breach of contract, violation of the Michigan Consumer
Protection Act, discrimination/violation of the Michigan
Civil Rights Act, and violation of the Fair Debt Collection
Practices Act. Id. Plaintiff also alleged that
during the course of his Chapter 13 bankruptcy his ...