Connolly v. Deutsche Bank National Trust

Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 5 months ago

Citation:

File Name: 14a0709n.06; Docket No. 13-2522

Tag(s):

Ruling:

In an unpublished opinion, the Sixth Circuit Court of Appeals affirmed the summary judgment dismissal of the plaintiff's complaint alleging wrongful foreclosure and slander of title. The Court of Appeals determined that plaintiff's suit did not extend the redemption period in the absence of fraud or irregularity in the foreclosure process, or prejudice to the plaintiff. With the expiration of the redemption period, the plaintiff no longer had rights in the property subject to protection. Also, the Court of Appeals found that plaintiff's slander of title claim based on an affidavit of expungement filed on December 8, 2010 was barred by a one-year statute of limitations.

Procedural context:

Plaintiff Connolly filed a state court complaint in April, 2012 alleging, among other claims, wrongful foreclosure and slander of title. The United States District Court for the Eastern District of Michigan granted summary judgment dismissing the claims for defendant Deutsche Bank and denied Plaintiff's motions for partial summary judgment and reconsideration. Plaintiff appealed to the Sixth Circuit.

Facts:

In 2002, Connolly refinanced a loan with Ameriquest Mortgage Co. for $333,000, secured by a mortgage on a ten acre parcel of property. No payments were made after December, 2008. The mortgage was assigned multiple times, and Deutsche Bank first foreclosed in May, 2010, triggering a 12-month redemption period under Michigan law. Before that period expired, on December 8, 2010, the bank caused an affidavit to be filed expunging the sheriff's deed for the property. The mortgage was again assigned, and Deutsche Bank foreclosed again, purchasing the property at a sheriff's sale held on May 18, 2011. Although Connolly filed her suit within a year of the last sheriff's sale, she made no attempt to redeem the property prior to May 18, 2012.

Judge(s):

Gibbons, McKeague and Stafford; opinion by McKeague

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