Nelson et al v. First Bank et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DAVID L NELSON and §
SAVANNAH NELSON, §
§
Plaintiffs, §
§
V. § No. 3:24-cv-2086-X-BN
§
FIRST BANK d/b/a First Bank §
Mortgage, DEUTSCHE BANK §
TRUST COMPANY AMERICAS, as §
Trustee for Saxon Asset Securities §
Trust 2001-2, Mortgage Loan Asset §
Backed Certificates, Series 2001-2 §
f/k/a Bankers Trust Company, AVT §
TITLE SERVICES, LLC, and PHH §
MORTGAGE CORPORATION, §
§
Defendants. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings and conclusions in this
case recommending that the Court should remand this lawsuit for lack of subject-
matter jurisdiction. See Dkt. No. 33. But the Magistrate Judge recommended that if,
within the time to file objections, Defendant PHH Mortgage Corporation and
Defendant Deutsche Bank Trust Company Americas, formerly known as Bankers
Trust Company, as Trustee for Saxon Asset Securities Trust 2001-2, Mortgage Loan
Asset Backed Certificates, Series 2001-2 provide evidence to support
their jurisdictional allegations, the Court should grant Defendants’ Motion for
Summary Judgment [Dkt. No. 25] and dismiss with prejudice Plaintiffs David Nelson
Case 3:24-cv-02086-X-BN Document 37 Filed 02/13/26 Page 1 of 2 PageID <pageID>

and Savannah Nelson’s claims against them. See id.
Defendants filed objections and submitted evidence to support their
jurisdictional allegations. The District Court reviewed de novo those portions of the
proposed findings, conclusions, and recommendation to which objection was made,
and reviewed the remaining proposed findings, conclusions, and recommendation for
plain error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge.
SO ORDERED this 13th day of February, 2026.
________________________________________
BRANTLEY STARR
UNITED STATES DISTRICT JUDGE
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