Collier v. CitiMortgage Inc

Collier v. CitiMortgage Inc

Plaintiff:	Marvin Collier
Defendant:	CitiMortgage Inc
Case Number:	3:2014cv00906
Filed:	March 12, 2014
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	David L Horan
Presiding Judge:	Barbara M.G. Lynn
Nature of Suit:	Foreclosure
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
August 22, 2014	Filing 15 ORDER ACCEPTING 14 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's Motion to Dismiss for Failure to State a Claim [Dkt. No. 5 ] is GRANTED WITH PREJUDICE as to Plaintiff's claims based on: (1) Defendant 9;s lack of standing to foreclose; (2) common-law fraud insofar as it is based on Defendant's lack of authority to carry out actions against Plaintiff; (3) breach of contract based upon Defendant's breach of the Deed of Trust; and (4) breac h of contract based on Defendant's breach of a loan modification review, and GRANTED WITHOUT PREJUDICE as to (1) Plaintiff's claim for Defendant's breach of the duty of good faith and fair dealing and (2) Plaintiff's request for injunctive relief. (Ordered by Judge Barbara M.G. Lynn on 8/22/2014) (ctf)

Date Filed

Document Text

August 22, 2014

Filing 15 ORDER ACCEPTING 14 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's Motion to Dismiss for Failure to State a Claim [Dkt. No. 5 ] is GRANTED WITH PREJUDICE as to Plaintiff's claims based on: (1) Defendant 9;s lack of standing to foreclose; (2) common-law fraud insofar as it is based on Defendant's lack of authority to carry out actions against Plaintiff; (3) breach of contract based upon Defendant's breach of the Deed of Trust; and (4) breac h of contract based on Defendant's breach of a loan modification review, and GRANTED WITHOUT PREJUDICE as to (1) Plaintiff's claim for Defendant's breach of the duty of good faith and fair dealing and (2) Plaintiff's request for injunctive relief. (Ordered by Judge Barbara M.G. Lynn on 8/22/2014) (ctf)

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Defendant: CitiMortgage Inc
Represented By:	Keron Andre Wright
Represented By:	C Charles Townsend
Represented By:	Stewart Clancy
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Plaintiff: Marvin Collier
Represented By:	D Kimberli Wallace
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