Rugiero v. Nationstar Mortgage, LLC

Summarized by Laura Bartell , Wayne State University Law School
11 years 5 months ago

Citation:

No. 13-2126 (6th Cir. Sept. 15, 2014)

Tag(s):

Ruling:

Sixth Circuit affirmed grant of summary judgment by district court in favor of defendants in case brought by chapter 13 debtor against (among others) holder of mortgage who foreclosed on plaintiff's property prior to bankruptcy filing alleging predatory and deceptive practices. The court affirmed based on plaintiff's failure to provide any law or arguments of fact in opposition to the summary judgment motion, as well as plaintiff's lack of capacity to sue given his status as a chapter 13 debtor.

Procedural context:

Appeal from decision of district court for the E.D. Mich. granting summary judgment to defendants.

Facts:

Plaintiff defaulted on his mortgage and defendant Nationstar Mortgage foreclosed on the property and sold it at a foreclosure sale to defendant Fannie Mae. After the statutory redemption period expired, plaintiff filed for chapter 13 bankruptcy protection. Six weeks later plaintiff brought suit in state court against defendants, alleging predatory and deceptive loan practices. The case was removed to federal court and defendants moved for dismissal/summary judgement. The court district court granted the motion, holding that plaintiff failed to provide any facts or law in response to defendants' motion, and that because any cause of action for predatory and deceptive loan practices was an asset of the bankruptcy estate, the trustee in bankruptcy (rather than the plaintiff/debtor) had standing to sue.

Judge(s):

Boggs, Batchelder and White, Circuit Judges

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