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SPENCER v. NATIONAL CITY MORTG.

Civil Action File No. 1:10-cv-3532-TCB-JFK.

831 F.Supp.2d 1353 (2011)

Mary John SPENCER, Plaintiff, v. NATIONAL CITY MORTGAGE, d/b/a PNC Mortgage, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

August 8, 2011.

Attorney(s) appearing for the Case

Holly Geerdes , Geerdes & Kim, Roswell, GA, for Plaintiff.

Gary C. Tepper , Jonathan C. Lippert , Ballard Spahr Andrews & Ingersoll, Washington, DC, Charley Floyd Brown , Ballard Spahr LLP, Atlanta, GA, for Defendant.

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

Before the Court is Magistrate Judge King's report and recommendation (the "R & R") [16], which recommends granting in part and denying in part Defendant's partial motion to dismiss [8]. For the reasons that follow, the Court will adopt the R & R.

I. Background

A. Factual Background

In April 2007, Plaintiff Mary John Spencer obtained a home-improvement loan of $117,000...

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