HENRY BOTELHO, Plaintiff, v. U.S. BANK, N.A., as Trustee for the LXS 2007-4N Trust, Defendant
Defendant U.S. Bank, N.A., as Trustee for the LXS 2007-4N Trust (“U.S. Bank”), seeks dismissal under Federal Rule of Civil Procedure 12(b)(6) of a complaint filed by plaintiff homeowner Henry Botelho. Specifically, U.S. Bank claims that Botelho cannot state a claim for rescission of his mortgage loan under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., unless he alleges a present ability to tender the loan proceeds. As discussed in further detail below, such an allegation is not necessary for Botelho’s case to survive the pleading stage. Accordingly, U.S. Bank’s motion is denied.