Legal Opinion
Cruz v. Capital One, N.A.
District Court, E.D. Michigan
Decided June 28, 2016No. Case Number 15-13543PublishedCited by 30 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING MOTION TO DISMISS AND DISMISSING COMPLAINT WITH PREJUDICE
DAVID M. LAWSON, United States Distinct Judge
Plaintiffs Cosme and Shirleann Cruz filed this action alleging that defendant Capital One, N.A. wrongfully foreclosed the mortgage on their family home to enforce collection of a delinquent promissory note. They identified six causes of action in their complaint. The defendant, maintaining that the complaint did not state a claim for which relief could be granted, moved to dismiss under Federal Rule of Civil Procedure 12(b)(6). The plaintiffs’ response to the motion…
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