U.S. Bank, N.A. v. Smith (In re Smith)

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

U.S. Bank and GMAC filed a motion to dismiss Green Tree and Bank of New York’s counterclaims for failure to state a claim upon which relief may be granted. (ECF No. 43). The counterclaims for trespass to try title and note discharged by payment under the Texas UGC are dismissed. Green Tree and Bank of New York have sufficiently stated a claim for negligence and a common law claim for note discharged by tender of payment. Accordingly, the motion is granted in part, and denied in part.

Facts

On August 26, 1999, Stephanie Smith, purchased real…