Summers v. Liberty Savings Bank FSB
(3:19-cv-02205)
District Court, N.D. Texas
APR 2, 2021 | REPUBLISHED BY LIT: SEP 14, 2021
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and conducting a de novo review of those parts of the Findings and Conclusions to which objections have been made, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Defendant’s Motion for Summary Judgment, filed September 9, 2020 (doc. 18) is GRANTED, and Plaintiff/Counter Defendants’ Motion for Judgment on the Pleadings, filed October 8, 2020 (doc. 26) is DENIED. By separate judgment, the plaintiffs’ claims will be DISMISSED with prejudice, and the defendant will be authorized to foreclose on its lien on the real property located at 532 Lea Valley Circle, Coppell, Texas 75019, in accordance with the Note, Deed of Trust, and § 51.002 of the Texas Property Code.
SIGNED this 2nd of April, 2021.
FINAL JUDGMENT: It is ORDERED that Defendant’s 18 Motion for Summary Judgment is GRANTED, and Plaintiff/Counter Defendants’ 26 Motion for Judgment on the Pleadings is DENIED.
The plaintiffs’ claims are DISMISSED with prejudice, and the defendant’s request for an order allowing foreclosure is GRANTED;
Costs and expenses of the litigation, and attorney’s fees, shall be borne by the party incurring same;
All relief not expressly granted is denied.
This order disposes of all claims between all parties and is a final and appealable judgment.
(Ordered by Chief Judge Barbara M. G. Lynn on 4/2/2021) (twd) (Entered: 04/02/2021)
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