Opinion
CASE NO. 12-cv-693-MMA (BGS)
09-18-2012
FERDINAND SIMBULAN, an individual, Plaintiff, v. FIRST HORIZON HOME LOAN CORPORATION, a division of FIRST HORIZON NATIONAL CORPORATION, a Tennessee corporation, GREEN TREE SERVICING LLC, and DOES 1 through 40 inclusive, Defendants.
ORDER AFFIRMING THE
COURT'S TENTATIVE RULING;
AND
GRANTING DEFENDANTS FIRST
TENNESSEE AND GREEN
TREE'S MOTIONS TO DISMISS
WITH PREJUDICE; AND
[Doc. Nos. 23, 27]
DENYING DEFENDANT GREEN
TREE'S RENEWED MOTION TO
EXPUNGE LIS PENDENS AS
MOOT
[Doc. No. 28]
This foreclosure-related action is before the Court on Defendants First Tennessee and Green Tree's ("Defendants") Motions to Dismiss Plaintiff's First Amended Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6). [Doc. Nos. 23, 27.] Also before the Court is Defendant Green Tree's Renewed Motion to Expunge Lis Pendens. [Doc. No. 28.] On September 14, 2012, the Court issued a tentative ruling granting Defendants' motions to dismiss, dismissing Plaintiff's claims with prejudice, and denying Defendant Green Tree's motion to expunge lis pendens as moot. [Doc. No. 34.] On September 17, 2012, the Court held a hearing on the motions.
Having considered the submissions of the parties and considered the arguments of counsel, the Court AFFIRMS its tentative ruling for the reasons stated on the record during the hearing, and in accordance therewith:
(1) The Court GRANTS Defendants' motions to dismiss, and dismisses all of Plaintiff's claims with prejudice;
(2) The Court DENIES Defendant Green Tree's renewed motion to expunge lis pendens as moot.
Accordingly, the Clerk of Court is instructed to enter judgment in favor of Defendants and terminate this case.
IT IS SO ORDERED.
______________
Hon. Michael M. Anello
United States District Judge