Morales, et al v. Wells Fargo Bank, N.A.
| Margarita Morales and Jose L. Morales |
| Wells Fargo Bank, N.A. |
| 5:2013cv00410 |
| May 16, 2013 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| Xavier Rodriguez |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Petition for Removal - Foreclosure |
| Plaintiff |
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Filing
17
ORDER - GRANTING 3 Defendant's Motion to Dismiss for Failure to State a Claim. Accordingly, Plaintiffs' cause of action for violations of Chapter 12 of the Texas Civil Practice and Remedies Code is DISMISSED WITH PREJUDICE. Plaintiffs ' cause of action for quiet title is DISMISSED WITHOUT PREJUDICE. Plaintiffs are granted leave to amend their complaint to assert a claim for quiet title based on lack of proper notice, if Plaintiffs are aware of relevant facts. If Plaintiffs do not replead by November 27, 2013, this Court will dismiss Plaintiffs' claim for quiet title with prejudice and enter judgment in favor of Defendant. Signed by Judge Xavier Rodriguez. (kh)
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