Summary
finding meritless the theory that any securitization of the loan rendered the note and accompanying deed of trust unenforceable and discharged a borrower's obligations under them
Summary of this case from Berry v. LoancityOpinion
Civil Action No. 3:12-CV-3952-M
07-03-2013
JOSE A. MARBAN, et al., Plaintiffs, v. PNC MORTGAGE, a Division of PNC Bank, Defendant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Since Plaintiffs have not timely filed an amended complaint as allowed by the recommendation, PNC Mortgage's Motion to Dismiss Pursuant to Rule 12(b)(6) (doc. 7), filed November 7, 2012, is GRANTED, and all of Plaintiffs' claims against Defendant are DISMISSED with prejudice.
______________________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS