Legal Opinion

Estate of Robert Cornell, Jr. v. Bayview Loan Servicing

Court of Appeals for the Sixth Circuit

Decided November 13, 2018No. 18-1245PublishedCited by 50 opinions

1Opinion of the Court

SUHRHEINRICH, Circuit Judge.

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 state court.

I. FACTS

Robert Cornell, Jr. ("Robert") died on July 29, 2015, owing an outstanding mortgage amount of $113,358.12 on his home at 8615 Wisconsin Street in Detroit, Michigan. At the time of Robert's death, the monthly mortgage payments on the Wisconsin Street home were up to date.…

Also in this document: Dissent.

2Cases cited36 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
  3. United States v. CottonSupreme Court of the United States · 2002
  4. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  5. Gunn v. MintonSupreme Court of the United States · 2013

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3Cited by50 opinions

  1. Derek Waskul v. Washtenaw Cnty. Community Mental HealthCourt of Appeals for the Sixth Circuit · 2020
  2. A.G. v. Riverside Christian Ministries, Inc.District Court, S.D. Florida · 2023
  3. Applewood Log Home Sales, LLC v. RussellDistrict Court, S.D. Ohio · 2021
  4. Arrhwn-Ikechukwu Fejokwu v. Maximus Federal Services, Inc., et al.District Court, S.D. Ohio · 2026
  5. Autumn Court Operating Company, LLC v. Healthcare Ventures of Ohio, LLCDistrict Court, S.D. Ohio · 2021

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