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PHELPS v. US BANK NATIONAL ASSOCIATION

Civil Action No. 2:13-CV-361.

TIMOTHY D PHELPS, et al, Plaintiffs, v. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-NC2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-NC2, et al, Defendants.

United States District Court, S.D. Texas, Corpus Christi Division.

March 13, 2014.

Attorney(s) appearing for the Case

Timothy D Phelps, Plaintiff, represented by Allen C Lee .

Julie A Phelps, Plaintiff, represented by Allen C Lee .

US Bank National Association, as trustee for Securitized Asset Backed Receivables LLC Trust 2006-NC2, Mortgage Pass-Through Certificates, Series 2006-NC2, Defendant, represented by Daron L Janis , Locke Lord LLP & Ralph F Meyer , Royston Rayzor et al.

Wells Fargo Bank, N.A. d/b/a America's Servicing Company, Defendant, represented by Robert T Mowrey , Locke Lord LLP, Jason Levi Sanders , Locke Lord LLP, Ralph F Meyer , Royston Rayzor et al & Daron L Janis , Locke Lord LLP.

ORDER GRANTING MOTIONS TO DISMISS

NELVA GONZALES RAMOS, District Judge.

This case arises from the foreclosure of a lien securing payment of a home equity loan, after the original loan had been modified to capitalize amounts in default and after the mortgagee filed for relief under Chapter 11 of the Bankruptcy Code. Before the Court are the Motions to Dismiss (D.E. 6 and 12) filed by the two Defendants: Wells Fargo Bank, N.A. d/b/a...

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