Opinion
No. 3:12-CV-1746-N (BF)
03-30-2015
WELLS FARGO BANK, N.A., as Certificate Trustee Not in its Individual Capacity but Solely as Certificate Trustee, in Trust for Registered Holders of VNT Trust Series 2010-2, Plaintiff, v. LARRY SAMPLES, Defendant.
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 in this case, 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. Defendant Wells Fargo's Second Motion for Final Summary Judgment (Doc. 26) is GRANTED with respect to its claims for suit on the note and breach of contract.
Defendant is entitled to an order allowing foreclosure and an award of attorneys' fees. Accordingly, Defendant shall submit a proposed agreed order to the Court no later than April 13, 2015.
In all other respects, the motion is DENIED.
SO ORDERED March 30, 2015.
/s/_________
DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE