Fischer et al v. Ocwen Loan Servicing, LLC et al
| John David Fischer, Jerald Duane Fischer and Angie Lee Fischer |
| Ocwen Loan Servicing, LLC, Federal Home Loan Mortgage Corporation, Recontrust Company, NA and All persons unknown claiming any right, title, estate, lien, or interest in |
| 1:2014cv00094 |
| July 25, 2014 |
| US District Court for the District of Montana |
| Billings Office |
| YELLOWSTONE |
| Carolyn S Ostby |
| Susan P. Watters |
| Foreclosure |
| 28 U.S.C. ยง 1441 |
| None |
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| Document Text |
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Filing
59
ORDER and FINDINGS AND RECOMMENDATIONS re 47 MOTION for Judicial Notice; re 49 MOTION to Dismiss filed by Recontrust Company, NA, BAC Home Loans Servicing, LP, Bank of America, N.A. IT IS ORDERED that the Motion for Judicial Noti ce (ECF 47 ) is GRANTED. IT IS RECOMMENDED that the motion to dismiss (ECF 49 ) be GRANTED to the extent it seeks dismissal of Counts I through VII against BOA, BAC, and ReconTrust, but DENIED to the extent it seeks dismissal of Counts VIII, IX, an d X against BOA and BAC. IT IS FURTHER RECOMMENDED and that all claims asserted against Defendant ReconTrust be DISMISSED, without prejudice, and that ReconTrust be DISMISSED from this action, without prejudice. Signed by Magistrate Judge Carolyn S Ostby on 6/16/2015. (JDR, ) Modified on 6/16/2015 to modify text and regenerate NEF (JDR, ).
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Filing
22
ORDER: IT IS ORDERED that Defendants' Motion for Judicial Notice(ECF 4 ) is GRANTED. FINDINGS AND RECOMMENDATIONS: IT IS RECOMMENDED that Defendant FHLMC's Motion to Dismis s (ECF 2 ) be GRANTED to the extent it seeks dismissal of Counts II through X, but DENIED to the extent that it seeks dismissal of Count I. IT IS FURTHER RECOMMENDED that Defendant Ocwen's Motion to Dismiss (ECF 2 ) Counts III through VII and Count IX be GRANTED, with leave to amend by Plaintiffs, but DENIED as to Counts I, II, VIII and X. Signed by Magistrate Judge Carolyn S Ostby on 11/25/2014. (JDH, )
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