Case Information

*1 2:04-cv-74842-PDB-MKM Doc # 240 Filed 12/21/09 Pg 1 of 2 Pg ID 4407

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

GUARANTY RESIDENTIAL LENDING,

INC., a Nevada Corporation, and

ASSURAFIRST FINANCIAL COMPANY,

a Michigan Corporation d/b/a HOMESTEAD

USA and HOMESTEAD MORTGAGE

Plaintiffs, Counter-Defendants,

Cross-Plaintiffs

CASE NO. 04-74842 -vs-

PAUL D. BORMAN HOMESTEAD MORTGAGE COMPANY, UNITED STATES DISTRICT JUDGE L.L.C., a Michigan Corporation

Defendant, Counter-Plaintiff, and

BOB FITZNER d/b/a HOMESTEAD

MORTGAGE CO., an Individual

Counter-Plaintiff, Cross-Defendant

_______________________________/

ORDER GRANTING MOTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION TO SUBSTITUTE AS THE REAL PARTY IN INTEREST FOR GUARANTY RESIDENTIAL LENDING, INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(c)

This matter comes before the Court on the motion of the Federal Deposit Insurance Corporation, in its capacity as Receiver for Guaranty Bank (“FDIC Receiver”), pursuant to Federal Rule of Civil Procedure 25(c), to substitute itself for Guaranty Residential Lending, Inc. as the real party in interest in this action. ^[1] The Court hereby GRANTS the motion and substitutes the FDIC *2 2:04-cv-74842-PDB-MKM Doc # 240 Filed 12/21/09 Pg 2 of 2 Pg ID 4408 Receiver as the real party in interest for Guaranty Residential Lending, Inc. effective September 29, 2009.

IT IS SO ORDERED.

S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: December 21, 2009

CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on December 21, 2009.

S/Denise Goodine Case Manager

[1] On November 29, 2007, Guaranty Residential Lending, Inc. merged into Guaranty Bank, Austin, TX. (FDIC Mot. Dkt. No. 230, Ex. A.) On August 21, 2009, Guaranty Bank was closed by the Office of Thrift Supervision and the FDIC was appointed receiver. (FDIC Mot. Dkt. No. 230, Ex. B.)