United States District Court, W.D. Michigan, Southern Division
DANIEL T. PIKAART, Plaintiff,
FINANCIAL FREEDOM, Defendant.
Robert J. Jonker
REPORT AND RECOMMENDATION
KENT, UNITED STATES MAGISTRATE JUDGE.
a an action brought by pro se plaintiff Daniel T.
Pikaart (sometimes referred to as “Pikaart”)
against defendant Financial Freedom. Compl. (ECF No.
This matter is now before the Court on defendant's motion
to dismiss (ECF No. 9). In the motion, defendant identifies
itself as “CIT Bank, N.A.”, and states that
plaintiff incorrectly identified it as “Financial
Freedom a division of Cit Bank NA.” See Motion
(ECF No. 9, PageID.25).
action, plaintiff seeks to stop state foreclosure proceedings
based upon a default of the terms of an adjustable rate home
equity conversion mortgage (“reverse mortgage”)
of property owned by his now-deceased wife. The basis for
plaintiff's federal question jurisdiction and his cause
of action is difficult to glean from his complaint. When
asked to explain the basis for federal jurisdiction,
plaintiff alleged (in his words):
In the case of a person with a revers mortage upon their
death a surviving spouse claimed to not be on the mortgage
mortgage documents (in this case the Note) but on all the
rest of the documents Financial Freedom claiming the Mortgage
Mature. Thus disallowing Danie Pikaart the surviving spouse
of Judith Ann Pikaart to maintain ownership and possession
until Death, Sale, or Vacating the property according to
Reverse Mortgage HUH HECM rules which is a violation or
Daniel Pikaart's rights.
Compl. (ECF No. 1, PageID.3).
set forth the following Statement of Claim (in his words):
Plaintiffs spouse died 4/20/2016 Freedom Financial has
claimed mortgage Mature and is claiming plaintiff may not
maintain ownership and reside in property becasuse he did not
sigh the mortgage NOTE while he did sign all the other
mortgage documents. According to HUD rules said position is a
violation of Plaintiff rights. According to Bennett et al v
Donavan and HUD rules surviving spouse has the right to
maintain ownership and occupy said property in question until
Death, Sale or moving from said property even if they are not
on all the documents.
Id. at PageID.4.
seeks the following relief (in his words):
The court file an injunction to stop any forclosur action and
allow the Plaintiff to stay in possession of the property
until Death, Sale or Vacating without further action. (note
property is on the market with the Grand Rapids Real Estate
Multiple Listing Service) and any continued action by Freedom
Financial would cause irrepreble harm to the value of the
property on an open sale from bargain hunters and would
damage plaintiffs ability to keep the sale from being
considered a distresed sale which would lower the sale price.
Said distressed sale could cost Plaintiff more than $50000.00
Id. at PageID.4.