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PENROD v. BANK OF NEW YORK MELLON

Civil Action No. 4:10-4012.

824 F.Supp.2d 754 (2011)

Timothy L. PENROD and Sharon D. Penrod, Plaintiffs, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York as Trustee for the Benefit of the Certificateholders of CWABS, Inc. Asset Backed Certificates Series 2007-9, Defendant.

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

November 15, 2011.

Attorney(s) appearing for the Case

Robert Chamless Lane , Middagh & Lane, PLLC, Sugar Land, TX, for Plaintiffs.

Michael J. McKleroy, Jr. , Walter Lewis Edmond McInnis , C. Charles Townsend , Akerman Senterfitt , Dallas, TX, for Defendant.

MEMORANDUM AND ORDER

NANCY F. ATLAS, District Judge.

In this foreclosure suit, Defendant Bank of New York Mellon ("BONY") has filed a Motion for Summary Judgment [Doc. #22] ("Motion"). Plaintiffs Timothy and Sharon Penrod have responded [Doc. #31] ("Response"), and BONY has replied [Doc. #32] ("Reply"). The motion is ripe for decision. Having considered the parties' briefing, the applicable legal authorities...

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