Opinion
Case No. 12-CV-12373
10-15-2012
MAHMOUD ELZEIN, Plaintiff, v. BANK OF AMERICA, N.A., Defendant.
HON. GEORGE CARAM STEEH
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (#5)
On April 30, 2012, plaintiff filed this action in Wayne County Circuit Court asserting defendant initiated foreclosure by advertisement after plaintiff requested a loan modification meeting, in violation of the statute. Plaintiff asserts declaratory relief and quiet title claims. Defendant removed the case to this court. On August 8, 2012, defendant filed a motion to dismiss. The motion has been fully briefed. Oral argument occurred at a hearing on the motion on October 15, 2012. At the hearing, plaintiff agreed to dismiss count II, his quiet title claim. For the reasons set forth on the record, the court GRANTS defendant's motion to dismiss and DISMISSES plaintiff's complaint without prejudice. Plaintiff may file an amended complaint asserting violations of MCL 600.3205c within 30 days. If plaintiff fails to file an amended complaint within 30 days, this order of dismissal becomes final. IT IS SO ORDERED.
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GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 15, 2012, by electronic and/or ordinary mail.