SAHLEIN v. RED OAK CAPITAL, INC.

No. 3:13-CV-00067-DMB-JMV.

HUGO SAHLEIN; RITA SAHLEIN, STEVEN SAHLEIN; and EMELINE SAHLEIN, Plaintiffs, v. RED OAK CAPITAL, INC., its successors and assigns; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., its successors and assigns; MERSCORP HOLDINGS, INC., its successors and assigns; FLAGSTAR BANK, FSB, its successors and assigns; LSF7 MORTGAGE ACQUISITIONS II, LLC, its successors and assigns; LSF7 BERMUDA NPL V TRUST, its successors and assigns; US BANK TRUST, NA, its successors and assigns; VERICREST FINANCIAL, INC., its successors and assigns; VOLT 2011-NPL1 HOLDINGS, LLC, its successors and assigns; VERICREST OPPORTUNITY LOAN TRUST 2011-NPL1, its successors and assigns; VOLT NPL IX, LLC, its successors and assigns; VOLT NPL IX ASSET HOLDINGS TRUST, its successors and assigns; WELLS FARGO DELAWARE TRUST COMPANY, NA, its successors and assigns; MARINOSCI LAW GROUP, PC, its successors and assigns; JANE DOE TRUSTS; and JOHN DOES, Defendants.

United States District Court, N.D. Mississippi, Oxford Division.

July 3, 2014.


Attorney(s) appearing for the Case

Rita Sahlein, Plaintiff, represented by David Shelton , DAVID SHELTON, ATTORNEY.

Steven Sahlein, Plaintiff, represented by David Shelton , DAVID SHELTON, ATTORNEY.

Emeline Sahlein, Plaintiff, represented by David Shelton , DAVID SHELTON, ATTORNEY.

Mortgage Electronic Registration Systems, Inc., Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Merscorp Holdings, Inc., Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Flagstar Bank, FSB, Defendant, represented by Lindsay Thomas Dowdle , JONES WALKER LLP & Lisa Anderson Reppeto , Jones, Walker, Waechter, Poitevent, Carrre & Dengre, L.L.P.

LSF7 Mortgage Acquisitions II, LLC, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

LSF7 Bermuda NPL V Trust, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

US Bank Trust, NA, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Vericrest Financial, Inc., Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC, Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC & Gene D. Berry , GENE D. BERRY, PLLC.

Volt 2011-NPL1 Holdings, LLC, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Vericrest Opportunity Loan Trust 2011-NPL1, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Volt NPL IX, LLC, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Volt NPL IX Asset Holdings Trust, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Wells Fargo Delaware Trust Company, NA, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC, Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC & Gene D. Berry , GENE D. BERRY, PLLC.


ORDER GRANTING MOTION TO DISMISS

DEBRA M. BROWN, District Judge.

This multi-count action arises from a dispute concerning the validity of a promissory note and deed of trust. Plaintiffs contend that the note and deed are fraudulent and unenforceable. Doc. #1 at ¶¶ 30-31. This matter is before the Court on the motion to dismiss of numerous defendants alleged to have participated in the purported fraud. Doc. #21. In their motion...

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