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.


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.


Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases