Smith v. CitiMortgage, Inc. et al
| Tanikia D Smith |
| CitiMortgage, Inc. and Federal National Mortgage Association |
| 4:2010cv00693 |
| December 17, 2010 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Denton |
| Don D. Bush |
| Richard A. Schell |
| All Other Real Property |
| 28 U.S.C. ยง 1444 |
| Plaintiff |
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Filing
59
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 37 Defendants' Motion to Dismiss Plaintiff's Second Amended Original Complaint, filed by CitiMortgage, Inc., Federal National Mortgage Association, 52 R eport and Recommendations. Defendants Motion to Dismiss Plaintiff's Second Amended Original Complaint (Dkt. 37) is GRANTED as to Plaintiffs breach of contract claims regarding the waiver of the right to accelerate and foreclose, the breach of d uty of good faith and fair dealing, and breach of unilateral contract, Plaintiff's claims of breach of common law tort of unreasonable collection efforts, Plaintiff's TDPCA claim under Sections 392.301(a)(8) and 392.303(a)(2), any claims as serted under the DTPA, Plaintiff's accounting claims, and Plaintiff's gross negligence claims. Defendants' Motion to Dismiss Plaintiff's Second Amended Original Complaint (Dkt. 37) is DENIED as to Plaintiff's breach of contra ct claims regarding notice of default and demand for past due installments prior to acceleration and violations of the Texas Property Code, Plaintiffs' TDCA claims under Sections 392.304(a)(8) and (a)(19), Plaintiff's claim for negligent misrepresentation, Plaintiff's claim for declaratory judgment, and Plaintiffs suit to quiet title and trespass to try title, and those claims shall remain pending at this time. Signed by Judge Richard A. Schell on 3/30/2012. (kls, )
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Filing
52
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 37 MOTION to Dismiss Plaintiff's Second Amended Original Complaint and Brief in Support filed by CitiMortgage, Inc., Federal National Mortgage Association. Signed by Magistrate Judge Don D. Bush on 2/27/2012. (kls, )
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