Solomon v. BAC Home Loans Servicing, L.P. et al

Filing 79

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 68 Report and Recommendations, 57 Motion for Summary Judgment,, filed by BAC Home Loans Servicing, L.P., Federal National Mortgage Association. The Defendants motion for summary judgment is hereby GRANTED in its entirety. Signed by Judge Richard A. Schell on 10/3/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CHARLES R. SOLOMON
Plaintiff,
v.
BAC HOME LOANS SERVICING,
L.P. f/k/a COUNTRYWIDE HOME
LOANS SERVICING, L.P. and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, a/k/a FANNIE MAE
Defendants.

§
§
§
§
§
§
§
§
§
§
§
§
§

Case No. 4:10-CV-614

MEMORANDUM ADOPTING IN PART REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On August 15, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ motion for summary judgment (Dkt. 57) be
GRANTED in part and DENIED in part.
The court has made a de novo review of the objections raised by Defendant Bank of America,
as well as the Plaintiff’s response and the Defendant’s reply, and is of the opinion that the
Defendant’s objections have merit. Accordingly, the court hereby adopts those portions of the
findings and conclusions of the Magistrate Judge’s report and recommendation granting the
Defendant’s motion for summary judgment as the findings and conclusions of the court. Further,

1

having considered and sustained the Defendant’s objections to the Magistrate Judge’s report and
recommendation concerning the Plaintiff’s claims alleging violations of Sections 392.304(a)(8) and
392.304(a)(19) of the Texas Finance Code, the court hereby grants summary judgment with respect
to the same. Based on the foregoing, the Defendant’s motion for summary judgment is hereby
GRANTED in its entirety.
IT IS SO ORDERED.
.

SIGNED this the 3rd day of October, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

2