Parker v. Bank of America, NA

Billings, Thomas P., J.

For the reasons that follow, the Defendants’ Motion to Dismiss is ALLOWED IN PART and DENIED IN PART, as more fully set out in the Order below.

FACTS

This is a dispute between a borrower/mortgagor and the lender and servicing company which made and have serviced (respectively) her mortgage loan. The Complaint is in ten counts, as follows:

1. Fraud;

2. Negligence;

3. Chapter 93A;

4. Breach of Contract;

5. Unjust Enrichment;

6. Truth in Lending Act;

7. Home Ownership and Equity Protection Act;

8. Real Estate Settlement Procedures Act;

9. Massachusetts Consumer Credit Cost Disclosure…