Spencer v. National City Mortgage

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

Before the Court is Magistrate Judge King’s report and recommendation (the “R & R”) [16], which recommends granting in part and denying in part Defendant’s partial motion to dismiss [8]. For the reasons that follow, the Court will adopt the R & R.

I. Background

A. Factual Background

In April 2007, Plaintiff Mary John Spencer obtained a home-improvement loan of $117,000 from Defendant National City Mortgage, d/b/a PNC Mortgage (“PNC”). After closing, PNC notified Spencer that the original executed loan documents had been lost. Although Spencer made and…