Gayane Chevchyan v. Bank of America, N.A., Quality Loan Service Corporation, Nationstar Mortgage LLC, and Does 1 through 200, inclusive
Published: Mar. 29, 2014 | Result Date: Jul. 19, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-01105-PA-OP Bench Decision – Defense
Facts
Gayane Chevchyan sued Bank of America N.A., Quality Loan Service Corp., and Nationstar Mortgage LLC in connection with a $200,000 home loan from Bank of America.
Contentions
PLAINTIFF'S CONTENTIONS:
In 2005, Chevchyan obtained a $200,000 home loan from Bank of America. Chevchyan contended that defendants improperly sold her home in a trustee's sale.
Chevchyan asserted federal claims for violations of the Truth in Lending Act and Fair Collections Practices Act. She also asserted state law claims for violation of the Rosenthal Fair Debt Collection Practices Act; predatory lending and fraud; fraud; unfair business practices pursuant to California Business and Professions Code; breach of fiduciary duty; quiet title; breach of the covenant and good faith and fair dealing; and setting aside and cancellation of trustee's sale. She sought damages and equitable relief
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss Chevchyan's complaint. Defendants contended that Chevchyan failed to state a claim because she failed to allege an ability to tender the amounts borrowed.
Result
U.S. District Judge Percy Anderson granted defendants' motion to dismiss Chevchyan's federal claims.
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