United States District Court, District of Columbia
ROBERT L. ADAMS, Plaintiff,
FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.
ROYCEC. LAMBERTH UNITED STATES DISTRICT COURT JUDGE
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.
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.
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
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 ...