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14-3413 - Ocwen Loan Servicing, LLC v. Hashemi et al


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14-3413 - Ocwen Loan Servicing, LLC v. Hashemi et al
January 15, 2016
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FINDING, CONCLUSIONS, AND RECOMMENDATION: The Court should GRANT First United's Motion to Dismiss as to Plaintiff's trespass to try title, declaratory judgment, and foreclosure claims. However, because the Court finds that Plaintiff has successfully stated claims for negligence and attorneys' fees against First United, it is recommended that First United's Motion 60 to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) be DENIED with regard to those claims. Finally, First United's Motion 61 for More Definite Statement should be DENIED because Plaintiff has sufficiently stated claims for negligence and attorneys' fees against First United and cannot, as a matter of law, bring a cause of action as to the remaining claims. (Ordered by Magistrate Judge Renee Harris Toliver on 1/15/2016) (mcrd)
February 16, 2016
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Order Accepting 69 Findings and Recommendation of the United States Magistrate Judge. (Ordered by Judge David C Godbey on 2/16/2016) (axm)