Bashore et al v. Bank of America Corporation et al

Filing 122

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE granted in part and denied in part re: 116 Motion to Dismiss Plaintiffs' First Amended Complaint, filed by Barrett Daffin Frappier Turner & Engel, LLP, National De fault Exchange, LP,; granted in part and denied in part 76 Motion to Dismiss filed by Litton Loan Servicing, LLP; granting in part and denied in part 77 Motion to Dismiss Plaintiffs' First Amended Complaint filed by Travelers Casualty & Sure ty Company of America, Dyck-O'Neal, Inc.; granting in part and denying in part 91 Motion to Dismiss filed by Mortgage Electronic Registration Systems, Inc.; granting in part and denying in part 92 Motion to Dismiss filed by Countrywide Home Loans, Bank of America Corporation. Plaintiffs claims regarding the validity of the mortgage documents, Plaintiffs TDCA claims against Defendants Litton and BOA/CW, all claims against Defendants BDFTE, National Default Exchange, LP. and Travelers, a nd Plaintiffs' fraud and DTPA claims against all Defendants are dismissed for failure to state a claim. Plaintiffs claims of wrongful foreclosure based on lack of proper notice of the foreclosure sale, TDCA violations against Defendant Dyck ONe al, and Fair Credit Reporting Act violations against Defendants CW/BOA, Litton and Dyck ONeal shall remain, and within ten (10) days of the date of this Order, Plaintiffs are directed to file an amended complaint accordingly. Additionally, within fifteen (15) days of the date of this Order, the parties are directed to submit a proposed scheduling order to govern the remaining claims and deadlines in this case. Signed by Judge Richard A. Schell on 3/30/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MATTHEW GREGORY BASHORE, II
and ANGELA CHRISTINE BASHORE

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v.
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BANK OF AMERICA, COUNTRYWIDE
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HOME LOANS, INC., MORTGAGE
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ELECTRONIC REGISTRATION
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SYSTEMS, INC., BARRETT DAFFIN
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FRAPPIER TURNER & ENGEL, LLP,
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NATIONAL DEFAULT EXCHANGE, LP,
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LITTON LOAN SERVICING,
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DYCK-O’NEAL, INC., TRAVELERS
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CASUALTY & SURETY COMPANY
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OF AMERICA, EXPERIAN INFORMATION §
SOLUTIONS, INC., COMPUTER
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SCIENCES CORPORATION and
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TRANSUNION CORPORATION
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Case No. 4:11cv93

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 February 27, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Litton Loan Servicing, LP’s Amended Motion
to Dismiss (Dkt. 76), Dyck O’Neal, Inc. and Travelers Casualty & Surety Company’s Motion to
Dismiss Plaintiffs First Amended Complaint Under FRCP 12(b)(6) (Dkt. 77), Defendant Mortgage
Electronic Registration Systems, Inc.’s Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt.
91), Defendants Bank of America Corporation and Countrywide Home Loans, Inc.’s Motion to
Dismiss Plaintiffs’ First Amended Complaint (Dkt. 92), and Defendants Barrett Daffin Frappier

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Turner & Engel, LLP’s and National Default Exchange, LP’s Motion to Dismiss Plaintiffs’ First
Amended Complaint (Dkt. 116) be GRANTED in part and DENIED in part.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court.
Therefore, Defendant Litton Loan Servicing, LP’s Amended Motion to Dismiss (Dkt. 76),
Dyck O’Neal, Inc. and Travelers Casualty & Surety Company’s Motion to Dismiss Plaintiffs First
Amended Complaint Under FRCP 12(b)(6) (Dkt. 77), Defendant Mortgage Electronic Registration
Systems, Inc.’s Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. 91), Defendants Bank
of America Corporation and Countrywide Home Loans, Inc.’s Motion to Dismiss Plaintiffs’ First
Amended Complaint (Dkt. 92), and Defendants Barrett Daffin Frappier Turner & Engel, LLP’s and
National Default Exchange, LP’s Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. 116)
are GRANTED in part and DENIED in part.
Plaintiffs’ claims regarding the validity of the mortgage documents, Plaintiffs’ TDCA claims
against Defendants Litton and BOA/CW, all claims against Defendants BDFTE, National Default
Exchange, LP. and Travelers, and Plaintiffs’ fraud and DTPA claims against all Defendants are
dismissed for failure to state a claim.
Plaintiffs’ claims of wrongful foreclosure based on lack of proper notice of the foreclosure
sale, TDCA violations against Defendant Dyck O’Neal, and Fair Credit Reporting Act violations
against Defendants CW/BOA, Litton and Dyck O’Neal shall remain, and within ten (10) days of the
date of this Order, Plaintiffs are directed to file an amended complaint accordingly.

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Additionally, within fifteen (15) days of the date of this Order, the parties are directed to
submit a proposed scheduling order to govern the remaining claims and deadlines in this case.
IT IS SO ORDERED.

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SIGNED this the 30th day of March, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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