Summary
dismissing wrongful foreclosure claim where plaintiffs alleged defendants failed to provide notice of default but failed to allege facts regarding other two elements
Summary of this case from Avalos v. Wells Fargo Bank, N.A.Opinion
Civil Action No. 3:12-CV-1762-M (BH)
07-26-2013
RASHIDA MITCHEM, and LAKENDRICK BERRY, Plaintiffs, v. MORTGAGE ELECTRONIC REGISTRATION SERVICES, INC., (MERS), et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. The Motion to Dismiss and Brief in Support, filed January 4, 2013 (doc. 18) is GRANTED. By separate judgment, Plaintiffs' claims against Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, and Federal National Mortgage Association a/k/a Fannie Mae will be dismissed with prejudice for failure to state a claim upon which relief can be granted. Plaintiffs' claims against E-Loan, Inc., will also be sua sponte dismissed with prejudice for failure to state a claim upon which relief can be granted.
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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS