Loto v. Pingora Loan Servicing, LLC

Full title: PATRICK LOTO, ET AL., PLAINTIFFS, v. PINGORA LOAN SERVICING, LLC DEFENDANT.

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

CASE NO. 3:18-cv-2644-M-BK

Date published: Jun 21, 2019

Fact:

This dispute, originally filed in state court, stems from an attempt to foreclose on the real property and improvements at 3806 Lariat Lane, Sacshe, Dallas County, Texas, 75048 (the “Property”). Doc. 4 at 2. On the basis of diversity jurisdiction, Defendant removed the case to this Court in October 2018. Doc. 1 at 2. Shortly thereafter, Plaintiffs filed their First Amended Complaint, Doc. 4, asserting claims for breach of contract, quiet title, and violations of the Texas Fair Debt Collection Practice Act (“TDCA”) and Real Estate Settlement Practices Act (“RESPA”), as well as seeking declaratory relief. Doc. 4 at 4-7. Defendant now moves for dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure. 

Issue:

CONCLUSION:

For the foregoing reasons, Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint and Brief in Support, Doc. 6 should be GRANTED IN PART, and Plaintiff’s quiet title and TDCA claims should be DISMISSED WITH PREJUDICE. As such, only Plaintiffs’ breach of contract claim will remain pending, see supra note 1.

SO RECOMMENDED on June 21, 2019.

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