DTND Sierra Investments LLC v. Bank of New York Mellon Trust Co.

ORDER

XAVIER RODRIGUEZ, District Judge.

On this day the Court considered Defendant Bank of New York Mellon Trust Company National Association’s (“BONY”) motion to dismiss (Doc. No. 11). For the following reasons, the Court GRANTS the motion.

I

A. Factual Background1

On or about April 4, 2003, Lee and Patricia Huntley executed a promissory note (the “Note”) to procure a loan for the purchase of 1802 Three Forks, San Antonio, Texas 78258 (the “Property”). The Note was made payable to SouthTrust Mortgage Corporation. At the same time, the Huntleys executed a deed of trust (“the Deed of Trust”),…