Peterson et al v. All Cities Mortgage & Financial et al
| Henry Peterson and Marilyn Peterson |
| Carrington Mortgage Services, Inc. and Deutsche Bank National Trust Company |
| 0:2012cv00759 |
| March 27, 2012 |
| US District Court for the District of Minnesota |
| DMN Office |
| Waseca |
| Michael J. Davis |
| Jeanne J. Graham |
| Foreclosure |
| 28 U.S.C. ยง 1345 |
| None |
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Filing
41
ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Graham dated October 11, 2012 36 . 2. Defendants Carrington Mortgage Services, Inc. and Deutsche Bank National Trust Comp any's Motion to Dismiss 23 is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiffs' claims for declaratory relief (Count 1), violation of Minn. Stat. §§ 58.13 and 58.18 (Count 3), violation of RESPA (Count 4), and breach of contract (Count 5), and any ostensible HAMP claim are DISMISSED WITH PREJUDICE; and b. Plaintiffs have adequately stated a claim for negligent and fraudulent misrepresentation (Count 2) and Defendants' motion is DENIED with respect to Count 2. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/4/13. (GRR)
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