Kingman Holdings LLC v. BAC Home Loans Servicing, LP

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations, 10 Motion to Dismiss filed by Mortgage Electronic Registration Systems, Inc., BAC Home Loans Servicing, LP. Plaintiffs quiet title and equity of redemption claims are DISMISSED with prejudice. Plaintiffs claim for violation of the Civil Practices and Remedies Code § 12.002 shall remain at this time. Signed by Judge Michael H. Schneider on 5/17/11. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

KINGMAN HOLDINGS, LLC

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V.
BAC HOME LOANS SERVICING, LP
and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.

CASE NO. 4:10-CV-698
Judge Schneider/Judge Mazzant

MEMORANDUM ADOPTING 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 April 21, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that BAC Home Loans Servicing, LP and Mortgage
Electronic Registration Systems, Inc.’s Motion to Dismiss for Failure to State a Claim (Dkt. #10)
should be granted in part and denied in part.
The Court, having made a de novo review of the objections raised by Defendant Mortgage
Electronic Registration Systems, Inc., is of the opinion that the findings and conclusions of the
Magistrate Judge are correct, and the objections are without merit. Therefore, the Court hereby
adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this
Court.
It is, therefore, ORDERED that BAC Home Loans Servicing, LP and Mortgage Electronic
Registration Systems, Inc.’s Motion to Dismiss for Failure to State a Claim (Dkt. #10) is GRANTED

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in part and Plaintiff’s quiet title and equity of redemption claims are DISMISSED with prejudice.
Plaintiff’s claim for violation of the Civil Practices and Remedies Code § 12.002 shall remain at this
time.
It is SO ORDERED.
SIGNED this 17th day of May, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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