Graham v. ReconTrust Company, N.A. et al
Sharon Graham |
US Bank National Association, Mortgage Electronic Registration Systems, Inc. and ReconTrust Company, N.A. |
3:2011cv01339 |
November 10, 2011 |
US District Court for the District of Oregon |
Portland Office |
Anna J. Brown |
Contract: Other |
12 U.S.C. ยง 1441 Home Owners' Loan Act of 1933 |
None |
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Filing 13 ORDER: The Court GRANTS Defendants' Motion 4 to Dismiss. Because the Court concludes Plaintiff has not stated a claim for Wrongful Foreclosure and cannot amend her Complaint to state such a claim under any of the theories espoused by Plaintiff, the Court DISMISSES with prejudice Plaintiff's First, Second, and Third Claims for Wrongful Foreclosure as pleaded. The Court also DISMISSES with prejudice Plaintiff's Sixth Claim for Declaratory Relief to the extent that Claim i s based on Plaintiff's Wrongful-Foreclosure Claims. Because, however, Plaintiff may be able to amend her Complaint to plead facts sufficient to state claims for fraud and/or lIED, the Court DISMISSES without prejudice Plaintiff's Fourth Cla im for Fraud and Fifth Claim for lIED. The Court GRANTS Plaintiff leave to file an Amended Complaint no later than April 13, 2012, in order to cure the deficiencies set forth in this Opinion and Order as to Plaintiff's Fourth Claim for Fraud and Fifth Claim for lIED. Signed on 03/27/2012 by Judge Anna J. Brown. (bb) |
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