Giza v. Amcap Mortgage, Inc. (In Re Giza)

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a “Motion for Judgment on Partial Findings” (the “Motion for Judgment”), filed by defendant Deutsche Bank National Trust Company, Trustee under the Pooling and Servicing Agreement Series ITF Series NBAS 2006-C (“Deutsche Bank”). By its Motion for Judgment, Deutsche Bank alleges that plaintiffs David and Linda Giza (together, the “Gizas”) have failed to offer sufficient credible evidence to support the essential elements of their claim under the Massachusetts Consumer Credit Cost Disclosure Act, Mass. Gen. Laws ch.…