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BURNIAC v. WELLS FARGO BANK, N.A.

No. 15-1230.

810 F.3d 429 (2016)

Donald C. BURNIAC, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; Unknown Trustee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2016.

Attorney(s) appearing for the Case

ARGUED: Carson J. Tucker , The Law Offices of Carson J. Tucker, Ann Arbor, Michigan, for Appellant. Jeffrey C. Gerish , Plunkett Cooney, Bloomfield Hills, Michigan, for Appellees. ON BRIEF: Carson J. Tucker , The Law Offices of Carson J. Tucker, Ann Arbor, Michigan, for Appellant. Jeffrey C. Gerish , Plunkett Cooney, Bloomfield Hills, Michigan, for Appellees.

Before: MOORE, CLAY, and GILMAN, Circuit Judges.

OPINION

Due to unpaid monthly mortgage payments, Donald C. Burniac's residence in Plymouth, Michigan became subject to foreclosure. In May 2013, Burniac filed suit in state court against Wells Fargo Bank, N.A. (Wells Fargo or the Bank) to prevent the foreclosure sale. Burniac's complaint alleged, in part...

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