Turner v. Nationstar Mortgage LLC et al
| Earl L Turner |
| Nationstar Mortgage LLC, Barrett Daffin Frappier Turner & Engel LLP, Elizabeth McDonald, Paige Bryant, Mortgage Electronic Registration Systems, Matt Lindsey, Robert Forster, Robert Maris and John Does 1-10 |
| 3:2014cv01704 |
| May 8, 2014 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sam A Lindsay |
| Foreclosure |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
103
Order Accepting 100 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The court overrules Plaintiff's objections; and grants Defendant Nationstar Mortgage LLC's 94 Motion to Dismiss Second Amended Complaint. (Ordered by Judge Sam A Lindsay on 1/25/2016) (twd)
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Filing
90
ORDER: The court determines that the 65 findings and conclusions are correct, accepts in part and rejects in part the Report. The court rejects the Report to the extent it relates to MERS as a nonmoving defendant. Plaintiff has not served MERS, a nd, therefore, the court lacks personal jurisdiction over it. Plaintiff may serve MERS no later than 8/21/2015. The court accepts the remaining recommendations in the Report. Accordingly, the court grants Nationstar's Rule 12(b)(6) Motion, a nd dismisses with prejudice Plaintiff's claims against Nationstar for violations of the FDCPA under § 1692(g), violations of the RESPA, and his request to set aside or vacate the sale. The court additionally dismisses without prejudice Pl aintiff's claims against Nationstar for violations of the FDCPA under § 1692(e). The court will allow plaintiff 14 days to file an amended complaint to replead his claims for violations of the FDCPA under 15 U.S.C. § 1692(e)(4)-(5). P laintiff may file his amended complaint no later than 8/18/2015. In light of Plaintiff's and the BDFTE Defendants' Joint Status Report, the court additionally denies as moot the BDFTE Defendants' Motion to Dismiss Plaintiff's Amended Complaint. The court will dismiss the BDFTE Defendants by separate order. The court also denies Plaintiff's Request for Leave to Amend under Rule 60 (Doc. 82 ). (Ordered by Judge Sam A Lindsay on 8/4/2015) (axm)
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Filing
29
Order Accepting 20 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court dismisses with prejudice Plaintiff's claims based on "show me the note" and "split the note" theories and h is claim for replevin. As Plaintiff has already filed an amended pleading, there is no need to wait 21 days from the date of this order, as the Report originally recommended. The court accepts Plaintiff's 27 Amended Complaint to the extent i t complies with the magistrate judge's recommendation and this order. Plaintiff's 27 Amended Complaint asserts claims for FDCPA violations; RESPA violations; and replevin. The court accepts this Amended Complaint as to the claims f or FDCPA and RESPA violations. The court strikes that portion of Plaintiff's Amended Complaint that raises a claim for replevin, as the court previously dismissed this claim with prejudice. (Ordered by Judge Sam A Lindsay on 2/11/2015) (twd)
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