Baricevic v. Mortgage Electronic Registration Services, Inc. et al
| Margaret M. Baricevic |
| Select Portfolio Servicing, Inc., Mortgageit, Inc., ReconTrust Company, N.A., Mortgage Electronic Registration Services, Inc., HSBC Bank USA, N.A. and Bank of America, N.A. |
| 3:2013cv01503 |
| August 26, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael W. Mosman |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| None |
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Filing
41
OPINION AND ORDER: Defendants motions to dismiss the amended complaint [25, 27] are GRANTED. As noted above, Defendants requests for judicial notice [11, 29] are GRANTED. For the reasons stated above, Ms. Baricevics Amended Complaint 24 is DISMISSED WITH PREJUDICE insofar as it seeks to unwind or nullify the nonjudicial foreclosure proceeding. The complaint is DISMISSED WITHOUT PREJUDICE as to any claim for breach of the contractual duty of goodfaith and fair dealing. Signed on 1/24/14 by Judge Michael W. Mosman. (dls)
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