Stephens et al v. Bank of America Home Loans, Inc. et al
||Mark T. Stephens and Wendy S. Elliott
||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
||July 7, 2016
||US District Court for the Eastern District of North Carolina
||Western Division Office
||James C. Fox
|Nature of Suit:
||All Other Real Property
|Cause of Action:
||28 U.S.C. § 1331
|Jury Demanded By:
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|September 28, 2017
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
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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