Motion to Dismiss Granted in Part in Mortgage Case
Berry v. CitiMortgage, Inc., February 12, 2015 (NO. 4:14CV459)
Judge: Don Bush
Holding: Motion to Dismiss Granted in Part
This is a pro se case against the plaintiff's mortgage company, in which Defendant filed a motion to dismiss the plaintiff's claims. After reviewing the record, Judge Bush dismissed for failure to state a claim Plaintiff's claims of breach of the implied covenant of good faith and fair dealing, violation of the Texas Deceptive Trade Practices Act, § 17,41 et seq., and equitable estoppel. However, he held that the case would proceed as to Plaintiff's claims of breach of contract and promissory estoppel regarding the FHA Trial Agreement and any promises made thereunder.