News

September 24, 2014

Cantey Hanger Attorney Granted 12(b)(6) Dismissal on Behalf of Client

Cantey Hanger LLP Litigator, Ashley Parrish, recently secured a favorable result in the Eastern District, where the court granted a motion to dismiss under Rule 12(b)(6), despite the fact that these motions are rarely successful. In a case involving claims by the plaintiff on behalf of a putative class of more than 500 individuals, plaintiff claimed that Nationwide Title Clearing violated Chapter 12 of the Texas Civil Practice and Remedies Code by filing fraudulent liens. NTC prepared and filed assignments, transferring interests under deeds of trusts between lenders. The plaintiff defaulted on his mortgage obligation and asserted that the foreclosing lender’s interest was unenforceable because the assignment was void under the lenders’ Pooling Service Agreement. Plaintiff further argued that because the assignment was void, the documentation related to the assignment, which was drafted and filed by NTC, constituted a fraudulent lien on his property. Cantey Hanger argued that there was no showing of intent to cause harm, as is required under chapter 12. The court granted the motion to dismiss, filed by Parrish.

Ashley Parrish is a Partner in the firm’s Dallas office and has extensive trial, litigation and arbitration experience. He represents a wide variety of clients, both foreign and domestic, in diverse areas of the law.