Kaymark v. Bank Of America

Citation:
No. 14-1816 (3d Cir. Apr. 7, 2015)
Tag(s):
Ruling:
Plaintiff in state and federal fair debt collection action sufficiently pled that disputed fees in the body of a foreclosure complaint against his home constituted actionable misrepresentation under the Fair Debt Collection Practices Act.
Procedural context:
District court dismissed claims in state and federal fair debt collection action. Circuit Court reversed order dismissing certain claims under the Fair Debt Collection Practices Act but affirmed the dismissal of all other claims.
Facts:
Plaintiff granted Bank of America a mortgage on his home and defaulted on it. BOA commenced a foreclosure action. The foreclosure complaint listed certain not-yet-incurred fees as due and owing, including fees for legal services not yet performed. Plaintiff alleged that this violated several state and federal fair debt collection laws and breached the mortgage contract.
Judge(s):
FUENTES, FISHER and KRAUSE, Circuit Judges.

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