Legal Opinion
Devash LLC v. German American Capital Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
Plaintiff Devash LLC claims that Bank of America, N.A. (BOA), as trustee for the holder of its securitized $250 million mortgage loan, and CWCapital Asset Management LLC, the appointed special servicer of plaintiff’s loan, entered into what plaintiff terms a “predatory lending scheme,” not in regard to the terms of the mortgage loan itself, but due to the manner in which defendants engaged in selling plaintiffs loan to a third party that planned to foreclose and take possession of the property. Plaintiff seeks money damages against BOA and CWCapi*74tal based on claims…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.New York Court of Appeals · 1980
- Carvel Corp. v. NoonanNew York Court of Appeals · 2004
- NBT Bancorp Inc. v. Fleet/Norstar Financial Group, Inc.New York Court of Appeals · 1996
- Banc of America Securities LLC v. Solow Building Co. II, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2007
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