Opinion
Case No. 11-12533.
September 22, 2011
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS/MOTION FOR SUMMARY JUDGMENT (#5)
On April 27, 2010, plaintiff filed a complaint in Oakland County Circuit Court asserting various claims arising out of a residential mortgage loan transaction between non-party Denise White, plaintiff's friend, and the predecessor in interest to defendant. On June 10, 2011, defendant removed the case to this court. On July 15, 2011, defendant filed a motion to dismiss and/or for summary judgment. In the motion, defendant argues: (1) plaintiff lacks standing to challenge the foreclosure sale because she does not have any legal interest in the property; (2) even if plaintiff had a legal interest in the property prior to foreclosure, plaintiff lost standing to challenge the foreclosure sale after the expiration of the redemption period on June 15, 2010; and (3) plaintiff fails to state claims for innocent misrepresentation, negligent misrepresentation, fraudulent misrepresentation, deceptive act/unfair practice, unjust enrichment, constructive trust, and quiet title. The court ordered plaintiff to respond by August 10, 2011. No response was filed by August 10, 2011; to date, no response has been filed. For the reasons set forth in defendant's motion, the court GRANTS defendant's motion and DISMISSES plaintiff's complaint.
SO ORDERED.