Summary
applying economic loss doctrine to allegations that defendants misrepresented the character and extent of plaintiffs' mortgage loan and sought other unauthorized charges
Summary of this case from Smith v. JPMorgan Chase BankOpinion
Civil Action No. 3:13-cv-2164-O
12-27-2013
VICTOR HERNANDEZ et al., Plaintiffs, v. U.S. BANK, N.A. et al., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Plaintiffs filed objections. The Court has conducted a de novo review of those portions of the proposed findings and recommendation to which objection was made. The Court finds that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are correct. Accordingly, Plaintiffs' objections are OVERRULED, and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge as the findings of the Court.
It is THEREFORE ORDERED that Defendants' Motion to Dismiss (ECF No. 6) is GRANTED with respect to Plaintiffs' claims regarding: (1) violations of the Real Estate Settlement Procedures Act; (2) breach of contract based on Defendants' alleged waiver; (3) unjust enrichment; (4) negligence; (5) negligent misrepresentation;(6) violations of the Texas Debt Collection Act; (7) suit to quiet title; and (8) trespass to try title, and these claims are DISMISSED with prejudice. As to the above claims, Plaintiffs' Motion for Leave (ECF No. 19) is DENIED.
Defendant's Motion to Dismiss (ECF No. 6) is DENIED with respect to Plaintiffs' claims regarding: (1) violations of the Texas Property Code; (2) breach of contract based on Defendants' failure to give notice; and (3) fraud. The Motion to Dismiss is also DENIED with respect to Plaintiffs' requested remedies of: (1) declaratory judgment; and (2) an accounting. Plaintiffs' Motion For Leave (ECF No. 19) should be GRANTED in part to permit these claims and remedies to proceed and to grant leave for Plaintiff to file an amended complaint that includes only these claims and remedies on or before December 30, 2013.
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Reed O'Connor
UNITED STATES DISTRICT JUDGE