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Adams v. Federal Deposit Insurance Corporation

United States District Court, District of Columbia

September 28, 2018

ROBERT L. ADAMS, Plaintiff,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.

          MEMORANDUM OPINION

          ROYCEC. LAMBERTH UNITED STATES DISTRICT COURT JUDGE

         After creditors foreclosed on Robert Adams's home, he sued in the Eastern District of Michigan alleging the Federal Deposit Insurance Corporation (FDIC) violated the Fair Debt Collection Practices Act and various state law claims. After the Eastern District of Michigan dismissed the suit, he filed another action against the FDIC in the District of Nevada, which transferred the case to this Court for proper venue. Now pending is the FDIC's motion to dismiss for failure to state a claim. Because res judicata precludes Adams's claims, the Court dismisses his complaint with prejudice.

         I. Background

         In August 2004, with mortgage rates at an all-time low, Adams refinanced his Michigan home with a loan from Washington Mutual Bank. When he defaulted, the bank initiated foreclosure proceedings, eventually recording a sheriffs deed and suing in Michigan state court to recover possession. In the throes of the subprime mortgage crisis, while that suit remained pending, Washington Mutual went under; the FDIC was appointed its receiver.

         The FDIC transferred Adams's home via quitclaim deed to JP Morgan Chase, and the Michigan trial court awarded Chase possession as Washington Mutual's successor. When the Michigan Court of Appeals reversed that award, Chase recorded its quitclaim deed and successfully sued twice in Michigan state court, once to recover possession and again to evict Adams.

         In August 2015, Adams sued Chase and the FDIC in the Eastern District of Michigan challenging the foreclosure and eviction proceedings. But since Adams failed to properly serve the FDIC, it never participated in the case. Adams's complaint raised thirteen claims:

1. A Fair Debt Collection Practices Act (FDCPA) claim against Chase and the FDIC;
2. a qiiiet title claim against Chase;
3. a false encumbrance claim against Chase and the FDIC;
4. a slander of title claim against Chase and the FDIC;
5. an unlawful eviction claim against Chase and the FDIC;
6. a trespass claim against Chase and the FDIC;
7. a constructive eviction claim against ...

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