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Seldon v. Home Loan Services

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 4, 2009

TROY R. SELDON AND BELINDA MOORE, PLAINTIFFS,
v.
HOME LOAN SERVICES, INC., D/B/A FIRST FRANKLIN LOAN SERVICES AND FIRST FRANKLIN FINANCIAL CORP., D/B/A FIRST FRANKLIN LOAN SERVICES, DEFENDANTS.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

Order

And now, this 4th day of August 2009, upon consideration of defendants' motion to dismiss (Doc. No. 65), plaintiffs' response thereto, and defendants' reply, IT IS HEREBY ORDERED that defendants' motion to dismiss plaintiffs' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is:

1. GRANTED as to all claims, except plaintiffs' claim

a. in Count I for rescission under the Truth in Lending Act on the basis of insufficient notices of the right to rescind;

b. in Count III for violations of the Fair Debt Credit Extension Uniformity Act;

c. in Count IV for a violation of the Unfair Trade Practices Consumer Protection Law arising out of violations of the FCEUA;

d. in Count IV for violations of the Unfair Trade Practices Consumer Protection Law to the extent they pertain to the alleged repayment plan;

e. in Count V for common law fraud to the extent they pertain to the alleged repayment plan; and

2. To the extent the motion is granted, plaintiffs' claims are all DISMISSED with prejudice.

20090804

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