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Court Sides with Nevada in BoA Foreclosure Case

newsandinsight.thomsonreuters.comMar 5, 2012

Reporting 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.

Chief Judge Robert Clive Jones of the District of Nevada ruled that the lawsuit belonged in his court because the lawsuit was a class action, which gives federal courts jurisdiction.

But the three-judge panel for appeals court disagreed, finding that a case filed by a state's attorney general did not qualify as a class action. It also ruled that Nevada had an interest in keeping the lawsuit in its own state.

"Nevada's strong sovereign interest in enforcing its state laws -- and its state-law-created Consent Judgment -- in the courts of its own state weighs in favor of remand to state," the panel wrote.

Bank of America did not immediately respond to a request for comment.

The case is Nevada v. Bank of America Corp, 9th U.S. Circuit Court of Appeals, No. 12-25005.

For Nevada: Catherine Cortez Masto, Attorney General, and Binu Palal, Deputy Attorney General.

For Bank of America: Matthew Close of O'Melveny & Myers and Paul Hejmanowski of Lionel Sawyer & Collins.

Back to March 2012 Archive

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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