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ESTATE OF CORNELL v. BAYVIEW LOAN SERVICING, LLC

No. 18-1245.

908 F.3d 1008 (2018)

ESTATE OF Robert CORNELL, Jr.; Audrey D. Bantom, as Personal Representative of the Estate of Robert L. Cornell, Jr.; ANTHONY CORNELL, Plaintiffs-Appellants, v. BAYVIEW LOAN SERVICING, LLC; Thien Hoang Tran, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2018.

Attorney(s) appearing for the Case

ON BRIEF: Vanessa G. Fluker , VANESSA G. FLUKER, ESQ., PLLC, Detroit, Michigan, for Appellants. Deborah S. Lapin , Martin S. Frenkel , MADDIN, HAUSER, ROTH & HELLER, P.C., Southfield, Michigan, for Appellee Bayview Loan Servicing. Joseph J. Bernardi , BERNARDI, RONAYNE & GLUSAC, P.C., Plymouth, Michigan, for Appellee Thien Hoang Tran.

SUHRHEINRICH, J., delivered the opinion of the court in which BUSH, J., joined. MOORE, J. (pp. 1017-28), delivered a separate dissenting opinion.

OPINION

This appeal concerns a non-judicial foreclosure under Michigan law. After reviewing the pleadings, we conclude that the district court lacked subject matter jurisdiction to hear the case. Thus, we VACATE the judgment of the district court with instructions to REMAND to Michigan...

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