Opinion
Civil Action No. 01-72268
June 22, 2001
OPINION GRANTING ORDER FOR INJUNCTIVE RELIEF
Before me at a hearing held on June 21, 2001 is a motion, requested by plaintiff, for either a temporary restraining order or a preliminary injunction.
At that hearing I found that the allegations in the verified complaint for injunctive relief were accurate, and I adopt the recitations in the complaint as a basis for my action, I do so also because, in the answer filed to the motion for injunctive relief, defendants do not contest any of these allegations but seek only to have the motion for removal of the lis pendens denied. They claim that in a bankruptcy case, Judge Steven Rhodes of the Bankruptcy Court for the Eastern District of Michigan dismissed those proceedings, that that dismissal order is on appeal, and that any injunctive relief removing the lis pendens would be improper.
In a second proceeding filed by Floral Avenue Apartments in the Macomb County Circuit Court, which was removed to this court and on which I held a hearing on March 29, 2001, and which resulted in my grant of the motion to dismiss this proceeding against Federal Home Loan Mortgage Corporation ("Freddie Mac"), defendants likewise contend that, since that matter is on appeal, it is inappropriate to grant injunctive relief to remove the lis pendens.
It is clear that these appeals are based on frivolous claims, and that there is a strong likelihood that those appeals will be dismissed.
I also find that the lis pendens was not properly served on Freddie Mac and that it did not contain a full and fair accounting of the facts supporting the recording of the lis pendens in violation of MSA 26.543.
Plaintiff has demonstrated a solid basis for irreparable harm in that the filing by defendants of the lis pendens has caused its inability to sell the property (Floral Avenue Apartments).
The injunctive order that I have entered does not prohibit the defendants from appealing the matters above referred to.
IT IS SO ORDERED.