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05-1959 - Leggett v. Americas Servicing Company et al


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05-1959 - Leggett v. Americas Servicing Company et al
August 1, 2007
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FINDINGS AND RECOMMENDATIONS re 14 MOTION to Compel and to Stay filed by MHI Partnership Ltd should be granted. (Signed by Judge Wm F Sanderson Jr on 8/1/07) (svc)
August 22, 2007
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ORDER Accepting 19 Findings and Recommendation, 14 Motion to Compel, Motion to Stay filed by MHI Partnership Ltd. Accordingly, the court grants MHI's Motion to Compel Arbitration and Stay Proceedings. Plaintiff and Defendant MHI are hereby directed to arbitrate Plaintiff's claims against MHI in accordance with the Residential Earnest Money Contract. The court therefore stays Plaintiff's claims of breach of contract, wrongful foreclosure, TILA, DTPA, FDCPA, TDCA, RESPA, and injunctive relief against Defendant MHI. Plaintiff's claims against the other Defendants will proceed. (Signed by Judge Sam A Lindsay on 08/22/2007) (axm)
December 19, 2008
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MEMORANDUM OPINION AND ORDER: The court denies Defendants Wells Fargo Home Mortgage, Inc.'s, Americas Servicing Company's, Mortgage Electronic Registration Systems, Inc.'s, and SFJV 2004-1, LLC's 44 Motion for Ultimate Sanctions and grants Defendants Wells Fargo Home Mortgage, Inc.'s AmericaAs Servicing Company's, Mortgage Electronic Registration Systems, Inc.'s, and SFJV 2004-1 LLC's 51 Motion for Summary Judgment with respect to all claims asserted by Plaintiff Deborah L. Leggett against them. The court dismisses with prejudice Plaintiff's claims against Defendants Wells Fargo Home Mortgage, Inc., America's Servicing Company, Mortgage Electronic Registration Systems, Inc., and SFJV 2004-1, LLC. The court will consider SFJVs motion for summary judgment on its counterclaim after it has received the supplemental briefs and evidence. The court vacates its 8/22/2007 2007 order to the extent that it stayed Plaintiff's claims against MHI rather than dismiss them. The court now determines that all issues in controversy between Plaintiff and MHI must be submitted to arbitration. As all of the claims between Plaintiff and MHI must be submitted to arbitration, there is no reason for the court to maintain jurisdiction over the claims between them. These claims should be, and are hereby, dismissed with prejudice. (See ORDER for other specifics) (Ordered by Judge Sam A Lindsay on 12/19/2008) (mfw)