The Huntington National Bank v. Samples

Filing 56

ORDER ACCEPTING 55 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Defendant shall submit a proposed agreed order to the Court no later than 4/13/2015. (Ordered by Judge David C Godbey on 3/30/2015) (skt)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
WELLS FARGO BANK, N.A.,
as Certificate Trustee Not in its Individual
Capacity but Solely as Certificate Trustee,
in Trust for Registered Holders of VNT
Trust Series 2010-2,
Plaintiff,
v.
LARRY SAMPLES,
Defendant.

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No. 3:12-CV-1746-N (BF)

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files, and records in this case, and the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge in this case, the
Court finds that the Findings, Conclusions, and Recommendation of the Magistrate Judge are correct
and they are accepted as the Findings, Conclusions, and Recommendation of the Court.
IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation
of the United States Magistrate Judge are accepted. Defendant Wells Fargo’s Second Motion for
Final Summary Judgment (Doc. 26) is GRANTED with respect to its claims for suit on the note and
breach of contract.
Defendant is entitled to an order allowing foreclosure and an award of attorneys’ fees.
Accordingly, Defendant shall submit a proposed agreed order to the Court no later than April 13,
2015.
In all other respects, the motion is DENIED.
SO ORDERED March 30, 2015.

_____________________________________
DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE