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MILLER v. HOMECOMINGS FINANCIAL, LLC

Civil Action No. 4:11-cv-04416.

881 F.Supp.2d 825 (2012)

Joan MILLER and David Miller, Plaintiffs, v. HOMECOMINGS FINANCIAL, LLC, GMAC Mortgage, LLC, Bank of New York Mellon Trust Co., Don Ledbetter, Patricia Poston, Gabriel Ozel, and Pite Duncan, LLP, Defendants.

United States District Court, S.D. Texas, Houston Division.

August 8, 2012.

Attorney(s) appearing for the Case

Jeffrey Scott Kelly , The Kelly Legal Group PLLC, Austin, TX, for Plaintiff.

Graham W. Gerhardt , Keith Steven Anderson , Brandley Arant Boult Cummings LLP, Birmingham, AL, for Defendant.

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.

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