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Jeffrey Pennington, et al. v. Wells Fargo Bank N.A. Successor To Wells Fargo Home Mortgage

October 19, 2012

JEFFREY PENNINGTON, ET AL.
v.
WELLS FARGO BANK N.A. SUCCESSOR TO WELLS FARGO HOME MORTGAGE, ET AL.



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

ORDER

AND NOW, this 19th day of October 2012, upon careful consideration of defendant's motion to dismiss, plaintiffs' opposition thereto, and after oral argument and pursuant to the court's order of October 17, 2012, IT IS HEREBY ORDERED that:

1. With respect to counts I through VI, inclusive, the defendant's motion to dismiss is GRANTED and those claims are DISMISSED WITH PREJUDICE; and

2. With respect to the plaintiffs' claim for quiet title, the defendant's motion to dismiss is DENIED pending a decision by Wells Fargo Bank, N.A. on plaintiffs' offer to execute and deliver a deed in lieu of foreclosure.

William H. Yohn Jr.

20121019

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