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ENCORE BANK, N.A. v. BANK OF AMERICA, N.A.

Civil Action No. H-11-3552.

918 F.Supp.2d 633 (2013)

ENCORE BANK, N.A., Plaintiff, v. BANK OF AMERICA, N.A., BAC Home Loan Servicing, L.P., and Countrywide Home Loans, Inc., Defendants.

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

January 23, 2013.

Attorney(s) appearing for the Case

Mark S. Finkelstein , George A. Shannon, Jr. , Jeffery Robin Koch , Shannon Martin Finkelstein & Alvarado PC, Houston, TX, for Plaintiff.

Raymond A. Chenault , MeGlinchey Stafford , Houston, TX, Bahareh Mostajelean , Robert J. Esposito , Robert Padway , Bryan Cave LLP, San Francisco, CA, Keitha M. Wright , Walter A. Herring , Bryan Cave LLP, Dallas, TX, for Defendants.

OPINION AND ORDER GRANTING PARTIAL DISMISSAL AND LEAVE TO AMEND

MELINDA HARMON, District Judge.

Pending before the Court in the above referenced cause, alleging Defendants' failure to perform, under the parties' Mortgage Loan Purchase and Servicing Agreement, proper mortgage servicing on multiple pools of mortgage loans sold by Defendants to Plaintiff Encore Bank, N.A. ("Encore"), is a motion to dismiss under Federal Rule of Civil Procedure 12(b)...

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