Collier v. CitiMortgage Inc

Filing 15

ORDER ACCEPTING 14 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's Motion to Dismiss for Failure to State a Claim [Dkt. No. 5 ] is GRANTED WITH PREJUDICE as to Plaintiff's claims based on: (1) Defendant 9;s lack of standing to foreclose; (2) common-law fraud insofar as it is based on Defendant's lack of authority to carry out actions against Plaintiff; (3) breach of contract based upon Defendant's breach of the Deed of Trust; and (4) breac h of contract based on Defendant's breach of a loan modification review, and GRANTED WITHOUT PREJUDICE as to (1) Plaintiff's claim for Defendant's breach of the duty of good faith and fair dealing and (2) Plaintiff's request for injunctive relief. (Ordered by Judge Barbara M.G. Lynn on 8/22/2014) (ctf)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MARVIN COLLIER,
Plaintiff,
V.
CITIMORTGAGE, INC.,
Defendant.

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No. 3:14-CV-906-M-BN

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a
Recommendation in this case on July 31, 2014. See Dkt. No. 14. No objections were
filed. The District Court reviewed the proposed Findings, Conclusions, and
Recommendation for plain error. Finding none, the Court ACCEPTS the Findings,
Conclusions and Recommendation of the United States Magistrate Judge.
Defendant’s Motion to Dismiss for Failure to State a Claim [Dkt. No. 5] is
GRANTED WITH PREJUDICE as to Plaintiff’s claims based on: (1) Defendant’s
lack of standing to foreclose; (2) common-law fraud insofar as it is based on
Defendant’s lack of authority to carry out actions against Plaintiff; (3) breach of
contract based upon Defendant’s breach of the Deed of Trust; and (4) breach of
contract based on Defendant’s breach of a loan modification review, and GRANTED
WITHOUT PREJUDICE as to (1) Plaintiff’s claim for Defendant’s breach of the
duty of good faith and fair dealing and (2) Plaintiff’s request for injunctive relief.

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SO ORDERED this 22nd day of August, 2014.

_________________________________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS

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