Legal Opinion

Kolbe v. BAC Home Loans Servicing, LP

Court of Appeals for the First Circuit

Decided September 21, 2012No. 11-2030PublishedCited by 99 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

Appellant Susan Lass is among a number of homeowners in multiple states claiming that their mortgage companies have wrongfully demanded an increase in flood insurance coverage to levels beyond the amounts required by their mortgages. In this case, unlike in the companion case we decide today, Kolbe v. Bank of America, N.A., 695 F.3d 111 (1st Cir.2012), the pertinent mortgage provision explicitly gives the lender discretion to prescribe the amount of flood insurance. We nonetheless conclude that the district court’s dismissal of Lass’s complaint must be vacated. A…

2Cases cited30 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  4. Ocasio-Hernandez v. Fortuno-BursetCourt of Appeals for the First Circuit · 2011
  5. Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991

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3Cited by99 opinions

  1. Young v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
  2. Tomasella v. The Hershey Co.Court of Appeals for the First Circuit · 2020
  3. Barclays Bank PLC v. PoynterCourt of Appeals for the First Circuit · 2013
  4. Faire Feaz v. Wells Fargo Bank, N.A.Court of Appeals for the Eleventh Circuit · 2014
  5. Kolbe v. BAC Home Loans Servicing, LPCourt of Appeals for the First Circuit · 2013

94 more not listed; retrieve them via the Exa API.

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