Lau v. Bank of America, N.A. (In re Lau)
- Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
- 5 years 12 months ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- No. 16-2221 (3rd Circuit, Mar 27,2017) Not Published
- Tag(s):
-
- Ruling:
- The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States Bankruptcy Court for the District of New Jersey.
- Procedural context:
- In 2009, the Laus filed a chapter 13 case. BAC filed a proof of claim. The Laus completed their payments under their plan, and received discharges. After making their final payments under the plan, the Laus filed a complaint in bankruptcy court against the loan and mortgage parties based on documents filed or sent to the Laus during their bankruptcy case.
The appellees filed a motion to dismiss the adversary proceeding, which was granted in part and denied in part. The Laus' claims for slander of title, perjury, and stay violations were dismissed with prejudice. The Laus did not appeal.
The Laus then filed an amended complaint. The appellees filed another motion to dismiss. The bankruptcy court granted the motion to dismiss in full. The Laus appealed to the district court, which affirmed. The Laus then filed a motion for rehearing, which was denied. This appeal to the Third Circuit followed.
- Facts:
- In 2006, appellant Joseph Lau executed a note in favor of Countrywide Bank, N.A. to purchase a home. Joseph Lau and Raquel Lau executed a mortgage to secure the amounts due under the note. The mortgage named Mortgage Electronic Registration Services, Inc. (“MERS”) as mortgagee and nominee for Countrywide Bank, N.A. and its successors and assigns. Countrywide Bank, N.A. indorsed the note to Countrywide Home Loans, Inc., who indorsed the Note in blank. On December 3, 2012, MERS assigned the Mortgage to Bank of America, N.A. (“BOA”), successor by merger to BAC Home Loan Servicing, L.P. (“BAC”) f/k/a Countrywide Home Loans Servicing, LP. BOA is now the holder, assignee, and servicer of the loan documents, and Federal National Mortgage Association is the owner of the loan documents. During the Laus' bankruptcy case, BOA filed a proof of claim.
- Judge(s):
- Restrepo, Scirica, and Fisher, Circuit Judges
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
