Legal Opinion
Miller v. Homecomings Financial, LLC
District Court, S.D. Texas
Decided August 8, 2012No. Civil Action No. 4:11-cv-04416PublishedCited by 31 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
STEPHEN WM. SMITH, United States Magistrate Judge.
This is a suit to prevent foreclosure of real property. Defendants Homecomings Financial, LLC (“Homecomings”), GMAC Mortgage, LLC (“GMAC”), and Bank of New York Mellon Trust Company (“Mellon”) have moved to dismiss for failure to state a claim (Dkt. 6). The motion is denied, although plaintiffs are directed to replead several of their causes of action as explained below.
Background1
In April 2003 Plaintiff Joan Miller took out a home equity loan from lender Homecomings Financial Network, Inc.2 in the amount of $184,800,…
2Cases cited27 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
- Slaughter v. QuallsTexas Supreme Court · 1942
22 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Reinagel v. Deutsche Bank National Trust Co.Court of Appeals for the Fifth Circuit · 2013
- Dernier v. Mortgage Network, Inc.Supreme Court of Vermont · 2013
- Everbank, N.A. v. Seedergy Ventures, Inc.Court of Appeals of Texas · 2016
- Countrywide Home Loans, Inc. v. Cowin (In re Cowin)United States Bankruptcy Court, S.D. Texas · 2013
26 more not listed; retrieve them via the Exa API.