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STUMM v. BAC HOME LOANS SERVICING, LP

Case No. 11-CV-3736 (PJS/LIB).

914 F.Supp.2d 1009 (2012)

Margaret E. STUMM and Mitchell L. Stumm, Plaintiffs, v. BAC HOME LOANS SERVICING, LP; Mortgage Electronic Registration Systems, Inc.; and The Bank of New York Mellon as successor to JP Morgan Chase Bank, N.A. as Trustee for Holders of Sami II Trust 2006-AR7, Defendants.

United States District Court, D. Minnesota.

October 24, 2012.

Attorney(s) appearing for the Case

Patrick D. Boyle, Law Office of Patrick D. Boyle, for plaintiffs.

Andre Hanson, Fulbright & Jaworski LLP, for defendants.

ORDER

PATRICK J. SCHILTZ, District Judge.

This matter is before the Court on the motion of defendant Bank of America, N.A. ("Bank of America"), sued herein as BAC Home Loans Servicing, LP ("BAC"), to dismiss the amended complaint of plaintiffs Margaret and Mitchell Stumm. The other defendants join in the motion. The Court grants the motion for the reasons provided below.

I. BACKGROUND

In 2006, the Stumms borrowed money from BAC to buy a...

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