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MITCHELL v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

No. 1:11-cv-425.

TRUTLY MITCHELL and OSCAR MITCHELL, jointly and severally, Plaintiffs, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), COUNTRYWIDE HOME LOANS, BOA HOME LOANS SERVICING, L.P., DOES 1-10 inclusive, Defendants.

United States District Court, W.D. Michigan, Southern Division.

March 30, 2012.

Attorney(s) appearing for the Case

Trutly Mitchell, jointly and severally, plaintiff, represented by D. Richard Black, Jr. .

Oscar Mitchell, jointly and severally, plaintiff, represented by D. Richard Black, Jr. .

Mortgage Electronic Registration Systems, Inc., (MERS), defendant, represented by Elisa Jean Lintemuth , Dykema Gossett PLLC (Grand Rapids) & Mark John Magyar , Dykema Gossett PLLC (Grand Rapids).

Countywide Home Loans, defendant, represented by Elisa Jean Lintemuth , Dykema Gossett PLLC (Grand Rapids) & Mark John Magyar , Dykema Gossett PLLC (Grand Rapids).

BOA Home Loans Servicing, L.P., defendant, represented by Elisa Jean Lintemuth , Dykema Gossett PLLC (Grand Rapids) & Mark John Magyar , Dykema Gossett PLLC (Grand Rapids).

OPINION

ROBERT HOLMES BELL, District Judge.

This matter is before the court on Defendants' motion to dismiss Plaintiffs' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, Defendants' motion will be granted in part and denied in part.

I.

On September 5, 2006, Plaintiff Trutly Mitchell entered into a mortgage and promissory note in the amount of $82,720.00 respecting the property at issue in this...

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