United States District Court, N.D. Texas
MEMORANDUM OPINION AND ORDER
McBRYDE, UNITED STATES DISTRICT JUDGE
pending are the motion of defendant, Freedom Mortgage
Corporation, to dismiss and the motion of plaintiff, William
Paul Burch, for partial summary judgment. The court, having
considered the motions, the responses, the reply in support
of plaintiff's motion, the record, and applicable
authorities, finds that defendant's motion should be
granted and that plaintiff's motion should be denied.
operative pleading is plaintiff's amended complaint filed
August 27, 2019. Doc. 12. In it, plaintiff alleges:
subject of the action is property located at 1006 Nancy Lane,
Lancaster, Texas. Doc. 12, ¶ 7. The property was
purchased with a loan made by defendant. Id. ¶
8. In December 2008, plaintiff filed for relief under Chapter
11 of the Bankruptcy Code under No. 08-45761-RFN-11.
Id. ¶ 10. On December 9, 2009, the bankruptcy
court approved a plan of reorganization. Id. ¶
11; Doc. 13, Ex. C. Defendant failed to abide by the plan,
immediately defying the order confirming the plan by issuing
in January 2010 a notice of intent to foreclose. Doc. 12,
¶ 12. By letters dated January 31, 2011, plaintiff gave
notice of defendant's violation of the confirmation
order, threatening that he would be proceeding within 3 0
days to remove any encumbrances to the property.
Id.; Doc. 13, Ex. J. On January 14, 2011, defendant
foreclosed on the property. Doc. 12, ¶ 15.
asserts causes of action under Tex. Prop. Code § 53.160,
for violation of Texas Penal Code § 32.49, for violation
of Texas Penal Code § 32.45, for violation of Tex. Civ.
Prac. & Rem. Code § 12.003, for breach of contract,
and to quiet title.
of the Motions
urges that plaintiff's claims are barred by limitations.
In addition, plaintiff lacks standing to assert claims under
the Texas Penal Code; Chapter 53 of the Texas Property Code
pertains only to mechanic's and materialman's liens;
and, defendant does not owe plaintiff any fiduciary duties.
difficult to follow, the gist of plaintiff's motion
appears to be that his claims are not barred by limitations.
Standards of Pleading and Review