Plaintiff Voluntarily Dismisses Her Appeal
The District Court dismissed plaintiff's complaint. Plaintiff filed an appeal with the United States Court of Appeals for the Ninth Circuit, but has voluntarily dismissed her appeal.
Wolf Popper Represents Homeowners With Loans Serviced by Bank of America, N.A. Who Received Payoff Statements That Did Not Include Property Insurance Funds Held By The Bank or Were Improperly Charged Fax Fees To Receive Payoff Statements
Wolf Popper LLP represents homeowners whose loans are owned and serviced by Bank of America, N.A., in a class action litigation in the Eastern District of California regarding payoff statements. Payoff statements are provided by residential mortgage loan servicers, such as Bank of America, in order to inform homeowners of the total outstanding balance on their loan. Payoff statements also usually list any relevant fees or charges that a homeowner may owe. Homeowners request payoff statements for a variety of reasons, including if they want to refinance their loan, if they are in foreclosure proceedings, or if they just want to review the charges on their account and make sure that the servicer has not made a mistake.
The plaintiff in this litigation asked Bank of America to send her a payoff statement that listed the total amount outstanding on her loan. At the time that she asked for this statement, the Bank held money that she received from her property insurance company. This money could have been applied to the outstanding balance on her loan. However, the Bank sent her a statement that did not include this money at all, even though it included plenty of other details about her account and fees that Bank of America was charging her. The payoff statement also showed that the Bank charged her $5 for sending the payoff statement by fax even when she did not request the statement to be sent to her by fax. In fact, she does not even own a fax machine.
If you received a payoff statement from Bank of America that might have similar problems and would like to learn more about this lawsuit, please contact Wolf Popper at 212-759-4600, or any of the following attorneys:
Patricia I. Avery
Adam J. Blander