State of Nevada v. Bank of America Corp. | U.S. Appeals Court Boots Nevada AG Foreclosure Suit Back To State Court; Rejects BofA’s Attempt To Shop For Friendlier Federal Forum

Court sides with Nevada in BoA foreclosure case

* 9th Circuit sends case back to Nevada state court

* Lawsuit alleges mortgage abuses against Bank of America

By Andrew Longstreth

NEW YORK, March 2 (Reuters) – A federal appeals court on Friday granted Nevada’s request to send its lawsuit alleging mortgage modification and foreclosure abuses against Bank of America Corp back to Nevada state court.

The 9th U.S. Circuit Court of Appeals reversed a decision by a lower court, which had concluded that the lawsuit belonged in federal court.

Nevada’s complaint, filed in Clark County, Nevada, in January 2011, alleges that Bank of America misled consumers about the terms of its home mortgage modification and foreclosure processes.

Nevada also accused the bank of violating terms of a consent judgment it and several of its subsidiaries had entered into with the state in February 2009.

After Bank of America removed the lawsuit to federal court, Nevada’s request to send it back to state court was denied.

Rest here…

Copy of the ruling and the original filing below…

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4closureFraud.org

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STATE OF NEVADA v. BANK OF AMERICA OPINION

State of Nevada vs Bank of America

Comments
2 Responses to “State of Nevada v. Bank of America Corp. | U.S. Appeals Court Boots Nevada AG Foreclosure Suit Back To State Court; Rejects BofA’s Attempt To Shop For Friendlier Federal Forum”
  1. Another BA Victim says:

    Vicki L. MacDonald, Lisa Johnson, Eric Snider, Kathleen Walker, Ron Mendez, Robert R. Griese, Adriana Moreno, Lorraine Raymer, Temena McGee, Michelle Langley, Matt Elliot, Brandon Coltin, Ashley Stix, Robert Flores, BA correspondence easily establishes the development of events. In spite of the fact I was PRE-paid on my mortgage and BA owed me money since Aug ’09, BA, via the mail, made repeated false and fraudulent claims, used repeated written extortion and made repeated threats:

    1. to force me into paying false and fraudulent “late charge” which I did although I did not owe, and while BA owed me money,
    2. added false and fraudulent “fees” to my account,
    3. fraudulently made repeated written false claims and terrifying threats via the mail of
    1. “There has been a payment default” when I had no default,
    2. “Notice of Intent to Accelerate” when BA had no lawful authority to do so and while BA owed me money,
    3. “This loan is in serious default” when my loan wasn’t in any default,
    4. “The loan will not be considered cured unless Bank of America, N.A. received “good funds.”” when there was no cure to cure,
    5. “Your loan is in default” when my loan wasn’t in any default,
    6. “Enter upon and conduct an investigation of your property” when BA had no lawful authority to do so,
    7. “The costs of the above-described inspections will be charged to your account.” (BA bold emphasis added) with no lawful authority to do so,
    8. “Other default-related actions, which include returning payments” when I was not in any default,
    9. “We previously sent you a notice informing you of the amount needed to reinstate your loan” while I was not in any lawful default and BA owed me money.
    10. “Foreclosure proceedings continue” while I was not in any lawful foreclosure and BA owed me money.
    11. “Bank of America, N.A. will continue to report the past due status of your loan to the credit reporting agencies” which BA did illegally when I was in no past due status and BA owed me money.

  2. leapfrog says:

    Score 1 for the little people!

    Boo-yah Bendover Amerika.

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