UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

ROBERT R. DENT and 

MONICA M. DENT, 

 Plaintiffs, Case No. 15-cv-11268 

v Honorable Thomas L. Ludington 

 Magistrate Judge Patricia T. Morris 

INVESTMENT CORPORATION OF 

AMERICA 

 Defendant. 

__________________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING 

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING 

PLAINTIFF’S COMPLAINT 

 Plaintiffs Robert R. Dent and Monica M. Dent originally filed this action in Crawford 

County Circuit Court on March 12, 2015. Plaintiffs allege five counts related to their claims 

that Defendant failed to provide mortgage assistance and improperly conducted a foreclosure 

sale on their former residence: (1) failure to follow the requirements of MCL 600.320 et seq. in 

in conducting a foreclosure sale; (2) violation of the Real Estate Settlement Procedures Act 

(“RESPA”), 12 USC §§ 2605(F), 1024.38, and 1024.41; (3) negligence; (4) breach of contract 

and promissory estoppel, and (5) fraudulent misrepresentation. Defendant removed the action to 

this Court on April 2, 2015 asserting jurisdiction under 28 U.S.C. §§ 1332, 1441, and 1446. ECF 

No. 1. 

After the close of discovery, on October 27, 2015 Defendant filed a motion for summary 

judgment. ECF No. 16. Plaintiffs initially filed a response on October 30, 2015, and then filed 

an amended response on November 4, 2015. ECF Nos. 18, 19. On December 23, 2015, 

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Magistrate Judge Patricia T. Morris issued a report recommending that Defendant’s motion for 

summary judgment be granted. ECF No. 20. The magistrate judge reasoned that no provision of 

RESPA allowed Plaintiffs to have their foreclosure proceeding nullified or force Defendant to 

negotiate a loan modification, and that Plaintiffs had not pled sufficient damages under RESPA. 

The magistrate judge also reasoned that Plaintiffs had presented no evidence that they had 

submitted an application for mortgage assistance, much less a completed application, nor had 

they demonstrated that Defendant had acknowledged receipt of any such application. Because 

Plaintiffs had impermissibly rested on their pleadings and created no material questions of fact, 

the magistrate judge recommended dismissing Plaintiffs’ complaint in its entirety. 

Although the magistrate judge’s report explicitly stated that the parties to this action 

could object to and seek review of the recommendation within fourteen days of service of the 

report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to 

the magistrate judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation, 

ECF No. 20, is ADOPTED. 

It is further ORDERED that Defendant Investment Corporation of America’s motion for 

summary judgment, ECF No. 16, is GRANTED. 

It is further ORDERED that Plaintiffs’ complaint is DISMISSED with prejudice. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: January 12, 2016 

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PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on January 12, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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