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Haisha v. Countrywide Bank, FSB

2011 WL 3268104 (2011)

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Haisha v. Countrywide Bank, FSB

United States District Court for the Eastern District of Michigan
2011 WL 3268104 (2011)

Facts

Steven and Nadia Haisha (plaintiffs) filed an action against Countrywide Bank, FSB and BAC Home Loans Servicing, LP (defendant) in state court. The Haishas’ complaint alleged several claims stemming from the loan they received from Countrywide. The verified complaint contained several factual inaccuracies, though Steven Haisha swore to the accuracy of its contents before a notary public. Bank of America, N.A. (BANA) (defendant), as successor to Countrywide, and BAC removed the case to the United States District Court for the Eastern District of Michigan. BANA and BAC then filed a motion to dismiss. The Haishas, although represented by counsel, did not respond, and the motion was granted. BANA and BAC also moved for sanctions against the Haishas and their counsel, Mr. Levant. In their motion, BANA and BAC alleged that Levant had filed four nearly identical actions in different courts, and all of them had been dismissed on the pleadings before he filed the complaint in this case. The Haishas did not respond to the motion for sanctions, either.

Rule of Law

Issue

Holding and Reasoning (Cleland, J.)

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