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MILLER v. BAC HOME LOANS SERVICING, L.P.

No. 12-41273.

726 F.3d 717 (2013)

James R. MILLER; Allene S. Miller, Plaintiffs-Appellants, v. BAC HOME LOANS SERVICING, L.P.; National Default Exchange, L.P., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 13, 2013.

Attorney(s) appearing for the Case

Ralph Edwin Allen , Tyler, TX, for Plaintiffs-Appellants.

David Stewart Clancy, Esq. , Andrew D. Thomas , Akerman Senterfitt, L.L.P., Dallas, TX, Mark D. Hopkins, Esq. , Hopkins & Williams, P.L.L.C., Austin, TX, Christopher Hal Pochyla , Barrett, Daffin, Frappier, Turner & Engel, L.L.P., Addison, TX, for Defendants-Appellees.

Before STEWART, Chief Judge, and DAVIS and WIENER, Circuit Judges.

CARL E. STEWART, Chief Judge:

This case pertains to the foreclosure sale of the property located at 810 Corey Drive in Whitehouse, Texas, by Defendants-Appellees, BAC Home Loans Servicing ("BAC") and National Default Exchange ("NDE"). Plaintiffs-Appellants, James and Allene Miller, appeal the district court's dismissal with prejudice of their claims against BAC and NDE under the Texas Debt Collection Act ("TDCA"), Tex. Fin.Code § 392.304(a), the Texas Deceptive...

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