Meixner
Meixner v. Wells Fargo Bank, N.A.
Opinion
Lead Opinion
Nunley, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS
This matter is before the Court pursuant to Defendants Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Home Mortgage, Inc. (“Wells”) and HSBC Bank USA, N.A., as Trustee for GSAA Home Equity Trust 2005-7’s (“HSBC”) (collectively “Defendants”) Motion to Dismiss Plaintiffs Complaint. (Defs.’ Mot. to Dismiss, ECF No. 4.) Plaintiff Josh Meixner (“Plaintiff’) filed an opposition to Defendants’ motion. (Pl.’s Opp’n, ECF No. 6.) The Court has carefully considered the arguments raised in Defendants’ motion and reply, as well as Plaintiff’s opposition. For the reasons set forth below, Defendants’ Motion to Dismiss is GRANTED IN PART AND DENIED IN PART.
I. FACTUAL BACKGROUND
In or about January 2005, Plaintiff entered into a purchase money mortgage loan with Wells for $329,855.00 which was evidenced by a Note and was secured by a Deed of Trust on the Subject Property. (Compl., ECF No. 1-1 at 11, ¶ 13.) _ In or about September 2008, Plaintiff began to *942 have difficulty making his monthly payments. (ECF No. 1-1 at 11, ¶ 14.) Plaintiff contacted Wells about a loan modification, and a Wells representative…