Legal Opinion
Morris v. BAC Home Loans Servicing, L.P.
District Court, D. Massachusetts
Decided April 4, 2011No. Civil 1:10-11572-PBSPublishedCited by 33 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SARIS, District Judge.
I. INTRODUCTION
Defendant BAC Home Loans Servicing, L.P. (“BAC”) has moved to dismiss Plaintiffs Russell and Jennifer Morris’ complaint, which alleges that BAC violated Mass. Gen. L. c. 93A, the Consumer Protection Act, by failing to comply with federal regulations relating to the Home Affordable Modification Program (“HAMP”). BAC argues that because HAMP does not provide for a private cause of action, the Plaintiffs have not stated a claim for relief. This Court disagrees. HAMP violations can give rise to a viable 93A claim if the activity would be…
2Cases cited17 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- PMP Associates, Inc. v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1975
- Massachusetts Eye & Ear Infirmary v. QLT Phototherapeutics, Inc.Court of Appeals for the First Circuit · 2009
- Rivera v. Rhode IslandCourt of Appeals for the First Circuit · 2005
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Markle v. HSBC Mortgage Corp. (USA)District Court, D. Massachusetts · 2011
- Hanrahran v. Specialized Loan Servicing, LLCDistrict Court, D. Massachusetts · 2014
- Santos v. U.S Bank National AssociationMassachusetts Appeals Court · 2016
- Boyd v. U.S. Bank, N.A.District Court, N.D. Illinois · 2011
- Charest v. Federal National Mortgage Ass'nDistrict Court, D. Massachusetts · 2014
28 more not listed; retrieve them via the Exa API.