Within the , Nancy Trafton submitted an effective Petition inside condition judge against Defendants Ditech Monetary («Ditech») and Residents Bank
She along with alleges the observe out of intent in order to speeds their own household security loan you to definitely she gotten didn’t condition the total amount necessary to treat this new so-called default, as required from the Texas law
Before Court is actually Defendant’s Action for View to the Pleadings (Dkt. No. 7). Plaintiff Trafton didn’t document a response. The undersigned submits that it Statement and you may Testimonial into District Courtroom pursuant so you’re able to twenty eight U.S.C. 636(b)(1)(B), Federal Laws out of Municipal Process 72, and you can Rule step 1(d) out-of Appendix C of Regional Legal Guidelines.
Trafton alleges one to People Lender, the manager and you can owner from a house collateral financing you to definitely Trafton gotten, and Ditech, which is the servicer of the loan, has worked badly so you can foreclose up on or take fingers out-of Trafton’s possessions, based in Austin, Colorado. Trafton including alleges you to definitely she was recharged settlement costs on her mortgage that were higher than invited because of the Tx Structure. Trafton will bring plenty of claims up against the defendants, in addition to violation regarding bargain, lender responsibility-unique matchmaking, usury, consult barring property foreclosure, and you may a declare to have a declaratory ruling. Ditech registered a response inside state judge toward , then filed an alerts off elimination the following day. Throughout the 1 month shortly after deleting the case, Ditech went to own view into the pleadings. Because indexed, there were zero impulse registered.