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Davis v. Countrywide Home Loans

United States District Court, E.D. Michigan, Southern Division

April 27, 2017

PHILIP DAVIS, JR., Plaintiff,
v.
COUNTRYWIDE HOME LOANS a/k/a BANK OF AMERICA, Defendants.

          MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (DOC. 7) AND DISMISSING CASE [1]

          AVERN COHN UNITED STATES DISTRICT JUDGE.

         I. Introduction

         Plaintiff 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.

         Before 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.

         In 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 court.[2]

         II. Background

         A. Plaintiff's Loan Transactions

         On May 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 25, 2003.

         On 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.

         B. Procedural History

         1. Plaintiff's Bankruptcy

         On June 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.

         2. Plaintiff's First Lawsuit - Wayne County Circuit Court

         On May 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 ...


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