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BIRCHER v. BANK OF NEW YORK MELLON

Action No. 4:12-CV-171-Y.

JAMES L. BIRCHER, ET AL. v. THE BANK OF NEW YORK MELLON, ET AL.

United States District Court, N.D. Texas, Fort Worth Division.

August 9, 2012.

Attorney(s) appearing for the Case

James L. Bircher, Plaintiff, represented by Eric A Maskell , Maskell Law Firm PC.

Doug Bircher, Plaintiff, represented by Eric A Maskell , Maskell Law Firm PC.

BAC Home Loans Servicing LP, formerly known as Countrywide Home Loans Servicing LP, Defendant, represented by Steven T Holmes , McGlinchey Stafford PLLC & R Dwayne Danner , McGlinchey Stafford PLLC.

The Bank of New York Mellon, formerly known as The Bank of New York as Trustee for the Certificate Holders CWABS Asset-Backed Certificates Trust 2005-BC4, Defendant, represented by Steven T Holmes , McGlinchey Stafford PLLC & R Dwayne Danner , McGlinchey Stafford PLLC.

MERS Inc, also known as Mortgage Electronic Registration System, Defendant, represented by Steven T Holmes , McGlinchey Stafford PLLC & R Dwayne Danner , McGlinchey Stafford PLLC.

ORDER GRANTING MOTION TO DISMISS

TERRY R. MEANS, District Judge.

Pending before the Court is Defendants' Motion to Dismiss (doc. 5), filed March 30, 2012. The Court GRANTS the motion.

I. BACKGROUND

On January 31, 2005, plaintiff James L. Bircher ("Bircher") bought real property located at 2128 Nottingham Boulevard, Fort Worth, Texas ("the property"). In conjunction with the purchase, Bircher executed a note and deed...

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