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DURAN v. WELLS FARGO BANK, N.A.

Case No. 12-20362-Civ.

878 F.Supp.2d 1312 (2012)

Eddy O. DURAN, Plaintiff v. WELLS FARGO BANK, N.A., s/b/m to Wells Fargo Home Mortgage, Inc., d/b/a America's Servicing Company, Defendant.

United States District Court, S.D. Florida.

July 23, 2012.

Attorney(s) appearing for the Case

Yechezkel Rodal, Loan Lawyers, LLC, Plantation, FL, for Plaintiff.

Michael Keith Winston, Carlton Fields, P.A., West Palm Beach, FL, Aaron Stenzler Weiss, Carlton Fields, Miami, FL, for Defendant.

ORDER GRANTING IN PART MOTION TO DISMISS

MARCIA G. COOKE, District Judge.

THIS CASE is before me on Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss Plaintiff's Complaint (ECF No. 6). I have reviewed the record, the arguments, and the relevant legal authorities. For the reasons provided, the Motion is granted in part and denied in part.

I. BACKGROUND

Plaintiff, Eddy O. Duran, filed a four-count complaint against Defendant, Wells...

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