Brown v. Mortgagestar, Inc.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the motions of Defendant MortgageStar, Inc. (MortgageStar) for partial dismissal or, alternatively, for partial summary judgment and Fairbanks Capital Corp. (Fairbanks) to dismiss. For reasons discussed below, MortgageStar’s motions are GRANTED in part and DENIED in part; Fairbanks’ motion is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts stated in the Complaint are presumed to be true for purposes of this motion. Plaintiffs, husband and wife, contacted an agent of MortgageStar in July, 2000 1 after they viewed its television…