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Garza v. EMC Mortg.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Mar 14, 2014
No. 3:11-cv-3504-M (BF) (N.D. Tex. Mar. 14, 2014)

Summary

explaining that discussions "regarding loan modification or the postponement of foreclosure 'are not representations or misrepresentation of the amount or character of a debt'"

Summary of this case from Compass Bank v. Collier

Opinion

No. 3:11-cv-3504-M (BF)

03-14-2014

MANUEL GARZA and ELIZABETH GARZA, Plaintiffs, v. EMC MORTGAGE and JP MORGAN CHASE BANK, N.A., Defendants.


ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After making an independent review of the pleadings, files, and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated February 11, 2014, the Court finds that the Findings, Conclusions, and Recommendation of the Magistrate Judge are correct, and they are accepted as the Findings, Conclusions, and Recommendation of the Court.

IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. Defendants' Motion for Summary Judgment is GRANTED and all of Plaintiffs' claims and causes of action are DISMISSED with prejudice.

__________

BARBARA M. G. LYNN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS


Summaries of

Garza v. EMC Mortg.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Mar 14, 2014
No. 3:11-cv-3504-M (BF) (N.D. Tex. Mar. 14, 2014)

explaining that discussions "regarding loan modification or the postponement of foreclosure 'are not representations or misrepresentation of the amount or character of a debt'"

Summary of this case from Compass Bank v. Collier
Case details for

Garza v. EMC Mortg.

Case Details

Full title:MANUEL GARZA and ELIZABETH GARZA, Plaintiffs, v. EMC MORTGAGE and JP…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Mar 14, 2014

Citations

No. 3:11-cv-3504-M (BF) (N.D. Tex. Mar. 14, 2014)

Citing Cases

Thompson v. Bank of Am., N.A.

Furthermore, having discussions about loan modifications does not constitute “deceptive means” to collect a…

Compass Bank v. Collier

Likewise, any representation by Compass that it would not foreclose is not actionable, because it is not a…