Motion to Dismiss Denied in Citi Class Action Case

Motion to Dismiss Denied in Citi Class Action Case

The Federal Court in the Southern District of Alabama has Denied Citi’s Motion to Dismiss a case our firm has brought on behalf of consumers.

Plaintiffs, William and Loretta Squires, brought this action against defendant, BAC Home Loans Servicing, LP, alleging a single violation of the Truth-in-Lending Act, 15 U.S.C. §§ 1601 et seq. (“TILA”).  Plaintiffs executed a real estate mortgage with Countrywide Home Loans in June 2007, with the loan being secured by plaintiffs’ principal residence.

The Complaint further alleges that on July 21, 2010 beneficial interest in the Plaintiffs’ mortgage and notewas assigned to BAC,” and that a written assignment identifying BAC as assignee was executed on that date and recorded shortly thereafter. The lone claim asserted in the Complaint is a violation of TILA’s requirement that a creditor to whom a mortgage loan is sold, transferred or assigned must notify the debtor in writing within 30 days after that transfer occurs.

See 15 U.S.C. § 1641(g)(1) (“not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a  third party, the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer”). The Complaint alleges that “BAC failed to notify Plaintiffs at all” of the July 21, 2010 assignment, such that it “therefore failed to make the requisite disclosures.” (Doc. 2, ¶ 15.)

On that basis, plaintiffs claim that BAC violated § 1641(g), and seek an award of statutory damages, costs and attorney’s fees.