Judge Rodriquez Grants Motion for Judgment on the Pleadings

Garcia v. Recontrust Company, N.A., No. SA-13-CV-393-XR (W.D. Tex. January 28, 2014)(Rodriguez, X.)

Plaintiff brought suit seeking to enjoin the foreclosure of her home that was encumbered by a mortgage held and serviced by defendants. Order at pp. 2-3. Defendants filed a motion for judgment on the pleadings, arguing that plaintiff failed to assert a valid cause of action. Id. at 3. The Court held that even accepting the allegations in plaintiff’s petition as true, the court was unable to construe a valid claim for relief. Id. at 4. Plaintiff’s sole allegation that “[d]efendants are jointly and severally liable to Plaintiff for failure to provide accurate notice, failing to adhere to their own documents, and materially inaccurate or false information to Plaintiff concerning the pending foreclosure of the Property” does not constitute a valid cause of action. Id. at 4-5.