Stephens et al v. Bank of America Home Loans, Inc. et al
Plaintiff: Mark T. Stephens and Wendy S. Elliott
Defendant: Bank of America Home Loans, Inc., Bank of New York Mellon as Trustee, Mortgage Electronic Registration Systems Inc., BSI Financial Services and Hutchens Law Firm
Case Number: 5:2016cv00660
Filed: July 7, 2016
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: WAKE
Presiding Judge: James C. Fox
Nature of Suit: All Other Real Property
Cause of Action: 28:1331
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 28, 2017 Opinion or Order Filing 49 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that pursuant to an order entered on January 25, 2017 at [DE 34], the motions to dismiss by the BANA Defendants [DE 16], Hutchens Law Firm [DE 25] and BSI Financial Services, Inc. [DE 28] are ALLOWED IN PART and DENIED IN PART. Counts one through five (state law claims) are DISMISSED WITH PREJUDICE as to all defendants; Count seven (TILA and HOEPA) is DISMISSED WITH PREJUDICE as to MERS and DISMISSED WITHOUT PREJUDICE as to all other defendants; and Count eight (RESPA) is DISMISSED WITHOUT PREJUDICE as to all defendants. IT IS FURTHER ORDERED that the motions to dismiss by the BANA Defendants [DE # 36] and Hutchens Law Firm and BSI Financial Services, Inc. [DE # 38] are ALLOWED; Plaintiffs fed eral and state law claims are DISMISSED WITH PREJUDICE; and the clerk is DIRECTED to enter judgment and close the case. Signed by Susan K. Edwards, Deputy for Peter A. Moore, Jr., Clerk of Court on 9/28/2017. Copy sent to Mark T. Stephens, 998 West Durness Ct., Wake Forest, NC 27587 and Wendy S. Elliott, 720 Gentle Slope Way, Raleigh, NC 27603 via US Mail. (Edwards, S.)
January 25, 2017 Opinion or Order Filing 34 ORDER granting in part and denying in part 16 , 25 and 28 Motions to Dismiss for Failure to State a Claim. Plaintiffs may file an amended complaint within twenty-one (21) days of this Order. Signed by Senior Judge James C. Fox on 1/25/2017. Copy sent to Mark T. Stephens (998 West Durness Ct., Wake Forest, NC 27587) and Wendy S. Elliott (720 Gentle Slope Way, Raleigh, NC 27603) via US Mail on 1/25/2017. (Grady, B.)
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Search for this case: Stephens et al v. Bank of America Home Loans, Inc. et al
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Plaintiff: Mark T. Stephens
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Plaintiff: Wendy S. Elliott
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Defendant: Bank of America Home Loans, Inc.
Represented By: Christopher B. Karlsson
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Defendant: Bank of New York Mellon as Trustee
Represented By: Christopher B. Karlsson
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Defendant: Mortgage Electronic Registration Systems Inc.
Represented By: Christopher B. Karlsson
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Defendant: BSI Financial Services
Represented By: Claire L. Collins
Represented By: Hilton Terry Hutchens, Jr.
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Defendant: Hutchens Law Firm
Represented By: Claire L. Collins
Represented By: Hilton Terry Hutchens, Jr.
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