Legal Opinion
Harvey v. Bank of America, N.A.
District Court, N.D. California
Decided October 26, 2012No. Case No. 12-3238-SCPublishedCited by 12 opinions
1Opinion of the Court
ORDER RE: DEFENDANT’S MOTIONS TO DISMISS AND TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT
SAMUEL CONTI, District Judge.
I. INTRODUCTION
On July 31, 2012, Plaintiff Ted F. Harvey (“Plaintiff’), a homeowner, filed an amended complaint in this mortgage foreclosure case. ECF No. 12 (“Am. Compl.”). The thrust of his amended complaint is that Defendant Bank of America N.A. (“Defendant” or “BOA”) encouraged him to stop making his mortgage payments so that he could qualify for a loan modification under the Home Affordable Modification Program (“HAMP”), but that Defendant then, contrary to its oral…
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