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HERTEL v. BANK OF AMERICA N.A.

Case No. 1:11-cv-757.

CURTIS HERTEL, JR., Plaintiff, v. BANK OF AMERICA N.A.; BAC HOME LOANS SERVICING, LP; WELLS FARGO BANK, N.A.; COUNTRYWIDE HOME LOANS SERVICING, LP; ORLANS ASSOCIATES, PC; TROTT & TROTT, PC; FEDERAL NATIONAL MORTGAGE ASSOCIATION D/B/A FANNIE MAE; FEDERAL HOME LOAN MORTGAGE CORPORATION D/B/A FREDDIE MAC;, Defendants.

United States District Court, W.D. Michigan, Southern Division.

February 24, 2012.

Attorney(s) appearing for the Case

Curtis Hertel, Jr., individually and as Register of Deeds for Ingham County, plaintiff, represented by Brian P. Parker , The Law Offices of Brian P. Parker, Daniel P. Marsh , Daniel P. Marsh PLLC & William E. Maxwell, Jr. , Wm. Maxwell & Associates.

Bank of America NA, defendant, represented by Brian Clark Summerfield , Bodman LLP (Troy) & Joseph F. Yenouskas , Goodwin Procter LLP (DC).

BAC Home Loans Servicing, LP, defendant, represented by Brian Clark Summerfield , Bodman LLP (Troy) & Joseph F. Yenouskas , Goodwin Procter LLP (DC).

Wells Fargo Bank, N.A., defendant, represented by Matthew Joseph Boettcher , Plunkett Cooney (Bloomfield Hills).

Countrywide Home Loans Servicing, L.P., defendant, represented by Brian Clark Summerfield , Bodman LLP (Troy) & Joseph F. Yenouskas , Goodwin Procter LLP (DC).

Orlans Associates, P.C., defendant, represented by I. W. Winsten , Honigman Miller Schwartz & Cohn LLP & John D. Pirich , Honigman Miller Schwartz and Cohn LLP (Lansing).

Trott & Trott, P.C., defendant, represented by Brock Allen Swartzle , Honigman Miller Schwartz and Cohn LLP (Detroit), Joseph Aviv , Honigman Miller Schwartz & Cohn LLP (Oakland) & Nicholas Benjamin Gorga , Honigman Miller Schwartz and Cohn LLP (Detroit).

Federal National Mortgage Association, doing business as Fannie Mae, defendant, represented by Ann Marie Uetz , Foley & Lardner LLP (Detroit) & David Goroff , Foley & Lardner, LLP (Chicago).

Federal Home Loan Mortgage Corporation, doing business as Freddie Mac, defendant, represented by Clyde M. Metzger, III , Foley Baron & Metzger, Michael J. Ciatti , King & Spalding LLP (DC) & Thomas J. Foley , Foley Baron & Metzger PLLC.

Michigan Department of Attorney General, intervenor-plaintiff, represented by Matthew Kenneth Payok , Michigan Attorney General (Corporate Oversight Division).

Michigan Department of Treasury, intervenor-plaintiff, represented by Matthew Kenneth Payok , Michigan Attorney General (Corporate Oversight Division).

Federal Housing Finance Agency, intervenor-defendant, represented by Asim Varma , Arnold & Porter, LLP (DC), Michael A.F. Johnson , Arnold & Porter LLP (DC) & Michael L. Shiparski , U.S. Attorney (Grand Rapids).

OPINION

ROBERT HOLMES BELL, District Judge.

This action was commenced by Curtis Hertel, Jr., who serves as Register of Deeds for Ingham County. Mr. Hertel alleges that Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") improperly claimed exemption from state and county real estate transfer taxes. Mr. Hertel further alleges that the remaining defendants — Bank of...

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