Legal Opinion
Berneike v. CitiMortgage, Inc.
Court of Appeals for the Tenth Circuit
Decided February 25, 2013No. 11-4210PublishedCited by 128 opinions
1Opinion of the Court
BRISCOE, Chief Judge.
Adriana Berneike (Berneike) appeals the district court’s dismissal pursuant to Rule 12(b)(6) of her Real Estate Settlement Procedures Act (RESPA), Utah Consumer Sales Protection Act (UCSPA), and breach of contract claims asserted against CitiMortgage, Inc. (Citi). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.
I
On January 13, 2010, Berneike faxed twenty-eight different letters to Citi, her mortgage loan servicer, asserting that Citi was incorrectly billing her for overcharges and improper fees. 1 See, e.g., Aplt-App. at 21. Twenty-two of the January 13…
2Cases cited30 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erickson v. PardusSupreme Court of the United States · 2007
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
25 more not listed; retrieve them via the Exa API.
3Cited by128 opinions
- Michael Wease v. Ocwen Loan Servicing, L.L.C., etCourt of Appeals for the Fifth Circuit · 2019
- Roth v. CitiMortgage Inc.Court of Appeals for the Second Circuit · 2014
- Clinton v. Security Benefit LifeCourt of Appeals for the Tenth Circuit · 2023
- Virginia Poindexter v. Mercedes-Benz CreditCourt of Appeals for the Fourth Circuit · 2015
- Wanjiku v. Johnson CountyDistrict Court, D. Kansas · 2016
123 more not listed; retrieve them via the Exa API.