HAYES v. THE BANK OF NEW YORK MELLON

Civil Action File No. 1:14-CV-338-TWT.

NORAH HAYES, et al., Plaintiffs, v. THE BANK OF NEW YORK MELLON as Trustee for the Certificate Holders of CWABS Inc., Asset-Backed Certificates, Series 2005-13 formerly known as The Bank of New York, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

August 6, 2014.


Attorney(s) appearing for the Case

Norah Hayes, Plaintiff, Pro Se.

Angelia Hayes, Plaintiff, Pro Se.

The Bank of New York Mellon, Defendant, represented by Andrew G. Phillips , McGuire Woods LLP & Paul Anthony Rogers , McGuire Woods LLP.

McCalla Raymer, LLC, Defendant, represented by Brett Christian Giordano , McCalla Raymer, LLC.

Mortgage Electronic Registration Services, Inc., Defendant, represented by Andrew G. Phillips , McGuire Woods LLP & Paul Anthony Rogers , McGuire Woods LLP.


ORDER

THOMAS W. THRASH, Jr., District Judge.

This is an action seeking to set aside a foreclosure sale. It is before the Court on the Report and Recommendation [Doc. 14] of the Magistrate Judge recommending granting the Defendants' Motions to Dismiss [Doc. 3 & 4]. A complaint should be dismissed under Rule 12(b)(6) only where it appears that the facts alleged fail to state a "plausible" claim for relief. Ashcroft v. Iqbal,

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