Summary
finding that the Texas Property Code permits mortgagees and mortgage servicers to "conduct a nonjudicial foreclosure sale 'under a power of sale conferred by a deed of trust or other contract lien.'"
Summary of this case from Contreras v. SFMC, Inc.Opinion
Civil Action No. 3:12-CV-2113-M (BH)
04-30-2013
JUDE C. ASONIBE, et al., Plaintiffs, v. FLAGSTAR BANK, FSB, 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 timely filed an amended complaint as allowed by the recommendation, Defendant's Motion to Dismiss Complaint, filed September 7, 2012 (doc. 11), is DENIED as moot. This action will now proceed on the amended complaint.
_____________________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS