Sims v. RoundPoint Mortgage Servicing Corporation

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. Defendant's Motion for Summary Judgment (Docket No. 18) is GRANTED and complaint is DISMISSED WITH PREJUDICE. Signed by District Judge Robert W. Schroeder, III on 03/12/18. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
NATHALIE D. SIMS

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v.

ROUNDPOINT MORTGAGE
SERVICING CORPORATION

CIVIL ACTION NO. 6:16cv1349

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of the case, has been presented for
consideration.

The Report and Recommendation (Docket No. 40), filed on February 13,

2018, recommends that Defendant’s Motion for Summary Judgment (Docket No. 18) be
granted. No objections to the Report and Recommendation have been filed.
Because

no

objections

were

filed,

the

Court

reviews

the

Report

and

Recommendation for clear error. See Fed. R. Civ. P. 72(b). Having reviewed the Report
and record evidence, the Court agrees with the Magistrate Judge that Plaintiff has not
shown a genuine issue of material fact that the lien is void and has not shown a genuine issue of
material fact regarding her Fair Debt Collection Practices Act (FDCPA), Texas Debt Collection
Practices Act (TDCPA) and Real Estate Settlement Procedures Act (RESPA) claims.
The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as
those of the Court. It is therefore ORDERED that Defendant’s Motion for Summary Judgment
(Docket No. 18) is GRANTED and complaint is DISMISSED WITH PREJUDICE.

So ORDERED and SIGNED this 12th day of March, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE