Veres et al v. Wells Fargo Bank, N.A. et al

Filing 26

Final JUDGMENT by Clerk in favor of HSBC Bank USA National Association, Mortgage Electronic Registration Systems, Wells Fargo Bank, N.A. against David Veres, Robin Veres re: 25 Order by Clerk on 3/21/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03119-REB-KLM
DAVID VERES, and
ROBIN VERES,
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
HSBC BANK USA NATIONAL ASSOCIATION, as trustee for Wells Fargo Asset
Securities Corporation, Mortgage Pass-Through Certificate Series 2006AR11,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, and
DOES 1-10, Inclusive,
Defendants.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the ORDER OVERRULING OBJECTION TO AND ADOPTING
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE [#25] entered
by Judge Robert E. Blackburn on March 21, 2014, which order is incorporated herein by
this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#23], filed
January 22, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That the objections stated in Defendants’ Partial Objection to Magistrate
Judge’s Recommendation [#24], filed February 5, 2014, are OVERRULED;
3. That Defendants’ Motion To Dismiss and Supporting Memorandum Brief

[#21], filed May 24, 2013, is GRANTED;
4. That plaintiffs’ claims alleging violations of the Real Estate Settlement
Procedures Act (“RESPA”), the Truth in Lending Act (“TILA”), the Home Ownership and
Equity Protection Act (“HOEPA”), and the Fair Credit Reporting Act (“FCRA”) as against
all defendants implicated therein are DISMISSED WITH PREJUDICE;
5. That plaintiffs’ claims under the Fair Debt Collection Practices Act (“FDCPA”)
are DISMISSED as follows:
a. That this claim against defendant HSBC Bank USA National Association,
as Trustee for Wells Fargo Asset Securities Corporation, Mortgage PassThrough Certificate Series 2066AR11, is DISMISSED WITH PREJUDICE;
b. That this claim against defendant Mortgage Electronic Registration
Systems is DISMISSED WITHOUT PREJUDICE;
6. That plaintiffs’ claims against defendants Does 1-10, Inclusive, are DISMISSED
WITHOUT PREJUDICE;
7. That the court DECLINES to exercise supplemental jurisdiction over plaintiffs’
pendant state law claims and thus these claims are DISMISSED WITHOUT
PREJUDICE;
8. That judgment with prejudice IS ENTERED as follows:
a. On behalf of defendant Wells Fargo Bank, N.A., against plaintiffs, David
Veres and Robin Veres, as to plaintiffs’ claims alleging violations of
RESPA, TILA, HOEPA, and the FCRA;
b. On behalf of defendants, HSBC Bank USA National Association, as
Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-

Through Certificate Series 2066AR11; and Mortgage Electronic
Registration Systems, against plaintiffs, David Veres and Robin Veres, as
to plaintiffs’ claims alleging violations of RESPA, TILA, and the FCRA;
c. On behalf of defendant, HSBC Bank USA National Association, as
Trustee for Wells Fargo Asset Securities Corporation, Mortgage PassThrough Certificate Series 2066AR11, against plaintiffs, David Veres and
Robin Veres, as to plaintiffs’ FDCPA claim;
9. That judgment without prejudice IS ENTERED as follows:
a. On behalf of defendant, Mortgage Electronic Registration Systems,
against plaintiffs, David Veres and Robin Veres, as to plaintiffs’ FDCPA
claim;
b. On behalf of defendants, Does 1-10, Inclusive, against plaintiffs, David
and Robin Veres, as to all claims and causes of action asserted against
these defendants;
c. On behalf of defendants, Wells Fargo Bank, N.A.; HSBC Bank USA
National Association, as Trustee for Wells Fargo Asset Securities
Corporation, Mortgage Pass-Through Certificate Series 2066AR11;
Mortgage Electronic Registration Systems; and Does 1-10, Inclusive,
against plaintiffs, David Veres and Robin Veres, as to all state law claims
and causes of action asserted herein; and
10. That defendants are AWARDED their costs, to be taxed by the clerk of the
court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

DATED at Denver, Colorado, this 21st day of March, 2014.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk