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11-1124 - TRUNZO et al vs CITI MORTGAGE et al


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11-1124 - TRUNZO et al vs CITI MORTGAGE et al
June 25, 2012
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ive Defendants survive dismissal under the standards of Iqbal and Twombly. An appropriate Order will follow. Signed by Judge Mark R. Hornak on 6/25/12. (bdb)OPINION. The Court DISMISSES WITH PREJUDICE Homeowners' claims of: (1) Breach of Contract (Count I) against Citi and Seterus because these Defendants were not parties to Homeowners' mortgage and note nor were they assigned the duties, obligations, or responsibilities of a "lender" or "note-holder" from WPF or Fannie-Mae; (2) unjust enrichment (Count II) against Citi because the servicer did not receive the benefit of any disputed payment; (3) violations of the FCEUA against all Defendants (Counts IV and V) due to the statutory exemption regarding purchase money mortgages; (4) violations of Act 6 sections 404 and 406 (Count VI) against all Defendants due to these sections' applicability to residential mortgage lenders only; (5) violations of Act 6 sections 501 and 502 (Count VI) against Citi because the servicer did not collect any contested payment; and (6) violations of UTPCPL section 201-2(4)(v) (Count VII) against all Defendants due to a lack of deceptive representations regarding the benefits of Homeowvers' note and mortgage. Homeowners' claims against Seterus and PHS arising under Act 6 section 501 (Count VI) are DISMISSED WITHOUT PREJUDICE. All remaining claims against the respect
July 23, 2012
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MEMORANDUM OPINION re 77 Motion for Reconsideration. Signed by Judge Mark R. Hornak on 7/23/12. (bdb)
March 31, 2014
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OPINION. Signed by Judge Mark R. Hornak on 3/31/14. (bdb)
August 29, 2014
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OPINION. Signed by Judge Mark R. Hornak on 8/29/14. (jad)
February 7, 2018
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OPINION. Signed by Judge Mark R. Hornak on 2/7/18. (bdb)