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16-401 - Benamou et al v. Wells Fargo Bank National Association


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16-401 - Benamou et al v. Wells Fargo Bank National Association
February 5, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's Amended Motion for Summary Judgment, Doc. 13, should be GRANTED. (Ordered by Magistrate Judge Renee Harris Toliver on 2/5/2017) (sss)
February 27, 2017
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MEMORANDUM OPINION AND ORDER: The court determines that the 20 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Thus, for the reasons stated, the court concludes that no genuine dispute of material fact exists with respect to Wells Fargo's equitable subrogation counterclaim or Plaintiffs' claims based on constitutional violations, fraud, and limitations and request for declaratory relief to invalidate the 2006 lien, and that Wells Fargo is entitled to judgment as a matter of law on these claims. The court grants Defendant's 13 Motion for Summary Judgment, and dismisses with prejudice Plaintiffs' claims and request for declaratory relief against Wells Fargo. (Ordered by Judge Sam A Lindsay on 2/27/2017) (twd)