GMAC Commercial Mortgage Corp v. East Texas Holdings, Inc.

MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIMS

SCHNEIDER, District Judge.

Before the Court is Plaintiff GMAC Commercial Mortgage Corporation’s (“GMAC” or “Plaintiff’) Motion to Dismiss Defendants East Texas Holdings, Inc., Honey Stop Properties, Inc., and Honey Stop Food Marts, Inc.’s (“Defendants”) Counterclaims Under Federal Rule of Civil Procedure Rule 12(b)(6) (Doc. No. 29).

I. Background

Defendants borrowed funds from Franchise Mortgage Acceptance Company on May 13, 1998 for the purpose of owning and operating gas stations/convenience stores in East Texas. This…