Matthews v. Bank of America, N.A., et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 51 Report and Recommendations, GRANTING IN PART 35 Motion for Summary Judgment, filed by Bank of America NA, Federal National Mortgage Association. Plaintiff's fraud and negligence claims are DISMISSED WITH PREJUDICE. The remainder of the motion is denied. Signed by Judge Ron Clark on 5/22/2014. (baf, )

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**NOT FOR PRINTED PUBLICATION** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MARTHA MATTHEWS, § § Plaintiff, § § V. § § BANK OF AMERICA, N.A., as successor § by merger to BAC HOME LOANS § SERVICING, L.P., and FEDERAL § NATIONAL MORTGAGE § ASSOCIATION, § § Defendants. § CASE NO. 4:13cv291 Judge Clark/Judge Mazzant ORDER 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 March 25, 2014, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendants Bank of America, N.A. and Federal National Mortgage Association’s Motion for Summary Judgment [Doc. #35] 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. It is, therefore, ORDERED that Defendants Bank of America, N.A. and Federal National 1 Mortgage Association’s Motion for Summary Judgment [Doc. #35] is GRANTED in part and Plaintiff’s fraud and negligence claims are DISMISSED with prejudice. The remainder of the motion is denied. So ORDERED and SIGNED this 22 day of May, 2014. ___________________________________ Ron Clark, United States District Judge 2

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